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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 861
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am from the uk but currently reside in Australia and have

Customer Question

Hi I am from the uk but currently reside in Australia and have for the past 4.5 years. I bought a house in the uk in 2002, I married in May 2010, my husband wasn't working and had no bank account, proof of living with me. I left him in June 2015, I want to start divorce proceedings, will he be entitled to anything from the house?
Submitted: 11 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will try and assist you today.

Please may I ask:

- is your husband still in the UK?

- who is living in your UK house?

- are there any minor children?

- are there any other assets for both of you including pensions?

kind regards

Caroline

Customer: replied 11 months ago.
Hi Caroline,My husband is living in Sydney currently, I am visiting the uk currently with a view to staying permanently. I think his plan is to stay in Australia. I have a friend living in my house here in the uk but moving out at the end of the month. No minors, I have a daughter (24) not my husbands. We both have Australian superannuation finds.Thanks
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Thank you for you response.

A few more questions:

- what are your superannuations account values for both of you?

- how much is the equity in your home?

kind regards

Caroline

Customer: replied 11 months ago.
Mine is currently approx 30,000 Aud, I don't know how much his is.100,000 gbp equity in the property.
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Thank you for clarifying that for me.

As I am a Solicitor specailising in English Family Law - I can only tell you the position in respect of the law in this jurisdiction.

I can tell you that if you want to petition for divorce in the UK then you have to be habitually resident in the UK. I note that you have stated that you are consiering remaining in the UK and if you do decide to remain then you will be able to petition in the UK.

You have to be aware that under English Law - if divorce is commenced then either party is able to make a claim in respect of the matrimonial finances. There is a set process for dealing with the matrimonial finances. The first stage of which is full disclosure of all assets and liabilites for both of you. Once disclosure has taken place then discussions can take place in respect of division.

You have to be aware that the starting point for division is equality - that being equal - for long marriages (considered to be over 5 years).

It may well be that your husbands account is of such a value that he may wish to keep that account and this can be offset against the property.

It can be argued that you brought the main assets to the property but this is not a guarantee. The court can decide to ringfence some of your pre martial assets but often only if both parties needs can be met out of the remaining assets.

I know that this isnt what you want to hear but I do have to be honest.

Perhaps you could try and agree a pyment to your husband. If this can agreed then you can submit a consent order to the court for approval when applying for decree absolute in your divorce. Do not make the payment until the court has approved the order. This would have the effect that your husband cannot make any further claims.

All that being said - as you have both been resident in Australia - you may wish to seek advice from a Lawyer in Australia to seek how that jurisdiction deals with divorce and finances. If that is more advantageous to you - then you may want to consider filing for divorce there instead.

Let me know if I can help you further

Kind Regards

Caroline

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Customer: replied 11 months ago.
Can I file for divorce from the uk if I decide to stay here permanently before we have been seperated for two years?
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Sorry for my delay in responding to you.

If you wanted to file for divorce in the UK before you have been sepearated for 2 years then this would have to be dine on the basis of your husbands unreasonable behaviour.

For this type of petition you would need to detail 6/7 reasons as to why you can no longer remain married.

Let me know if I can help you further

kind regards

Caroline

Expert:  ukfamilysolicitor replied 11 months ago.

Hello

This question remains unrated. I would be grateful if you could kindly rate my service. We receive no credit for our work unless positive feedback is received and the site just keeps your payment.

Please note that your question will not close when you leave positive feedback and I can answer your follow up question for free.

Kind Regards

Caroline