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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My47 year old step daughter wishes to divorce her

Resolved Question:

My47 year old step daughter wishes to divorce her husband,married 25years,married in Sth,Africa,lived in Zimbabwee most of that time.Her husband,an accountant has a property in Basingstoke,which he rents out,title deed in joint name,has off shore joint investments which were in joint names,but he has transferred all the money out.Also has properties in Sth.Africa and Zimbabwee.They have 2 children,both at University.He has done DIY divorce papers which are quite bizarre .Her lawyer in Zim has said she should file for divorce in U.K.She has a British passport and intends moving to U.K. as soon as she knows how to go about where to start divorce proceedings.She continues to work in Zim, and live in the family home as her husband has said she will only get 50% of the sale of the home and nothing else.He has been emotionally abusive to her and her children,also has a girlfriend.Would she be within the law to start divorce proceedings living in this country.Also,would need to know of an appropriate lawyer in the South of England.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please confirm that the husband lives in England? Please also confirm how long they have been separated and if he has pursued the divorce in England, and under what grounds, as you have stated that he has done DIY divorce papers?
Customer: replied 1 year ago.
No he lives in Zimbabwe.They have been seperated since September 2015 but living in the same home as advised by a lawyer in Zim.He has not pursued divorce apart from trying to get her to sign his own DIY divorce papers,with no agreement on settlement or any financial agreement at all.He used the terms that the marriage had broken down irretrievably,something to that effect!He did not want to involve lawyers.
Expert:  Harris replied 1 year ago.
Thank you - neither of them will be able to pursue a divorce in England unless they can satisfy one of the following jurisdictional criteria:1. Both the Petitioner and the Respondent are habitually resident in England or Wales2. The Respondent is habitually resident in England or Wales3. The Petitioner and the Respondent were last habitually resident in England or Wales and one of them continues to reside there4. The Petitioner is habitually resident in England or Wales and has been so residing for at least one year immediately before the petition is issued5. The Petitioner is domiciled in England or Wales and has been residing there for at least six months immediately before the petition is issued6. The Petitioner and the Respondent are both domiciled in England or Wales7. The Petitioner or the Respondent is domiciled in England or Wales on the date when the petition is issued.I hope this assists you in the meantime. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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