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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34124
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Background: My wife and I have been separated years 6

Customer Question

Background:
My wife and I have been separated for 4 years 6 months. She is resident in Germany and I am resident in England. I want to file for divorce under English jurisdiction (I am familiar with the Council Regulation which provides, in effect, that the jurisdiction will be determined by the choice of whomever files first). If I file now on the grounds of separation I need my wife's consent. I think she is likley to give it but I am not sure. I don't want to ask her in case this prompts her to file under German jurisdiction.
QUESTION 1:
If, in the circumstances outlined, my wife doesn't consent, what then happens to my divorce petition? Does it lapse? Do I need to file again or can I change the grounds? (including this: having filed as described but not obtained consent, could I then wait until a further 6 months have elapsed so I can change the grounds to separation without consent? Or would my petition in that event lapse?) Would that give her a chance to file in Germany before I refile?QUESTION 2:
I think this is clear in the Council Regulation but I would welcome confirmation: if the respondent spouse is resident in England, can the petitioner, being resident in another EU country, file for divorce in England?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

1. If she doe snot Consent then you can ask permission from the court to amend it. Your ex would apply to have apply to have it dismissed before she made an applictaion in Germany

2. Yes either party can issue in England if one of them is resident here

Please ask if you need further details

Customer: replied 1 year ago.
Thank you. Would a court normally be expected to grant the permission to amend the grounds?
Expert:  Clare replied 1 year ago.

Yes that would be normal - but there will be more fees involved

Customer: replied 1 year ago.
Thank you!
DR
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well

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