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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am German and got married in Italy. The marriage

Customer Question

Hello,
I am German and got married in Italy. The marriage ended and we had to respect the 3 years separation period, which ended in January this year. Is it possible to get a quick divorce, without me going to Italy? I live in England now.
Submitted: 10 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask:- what nationality is your husband and where is he residing now?- how long have you lived in the UK?- would your husband agree to a divorce?- have any divorce / separation proceedings anywhere else? Kind Regards Caroline
Customer: replied 10 months ago.
Thanks for replying so fast.My husband is Italian and lives in Rimini, Italy, where we got married in 1993.I am in the UK since 2013I have no contact to my husband. I know he agreed to a divorce. Would it be a problem if he would not agree anymore ?I had only this one separation proceeding, which ended in January this year. It was all done in Italy.Thanks for helping.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 10 months ago.
Dear Sonja Thank you for your response. As I am a Solicitor in England and Wales - I can only tell you the position in relation to my area of expertise only. I would like to say that I do think it is important that you also seek advice from a Lawyer specialising in Italian Law on the following issues:- whether issuing for divorce / separation in Italy rather than England may be more advantageous to you in respect of matters relating to the matrimonial finances / children matters, if this is relevant to you, and - whether the previous separation proceedings would preclude you from issuing proceedings in England or if this is not an issue as they have ended. In respect of issuing for divorce in the UK - I can tell you that the court would allow you to issue for divorce on the grounds of unreasonable behaviour (often referred to as a quickie divorce) after you have been married for 1 year. You are able to petition in England as you have lived here for more than 1 year. It makes it easier for you divorce if your husband agrees - as he will need to sign a form to confirm the same once you have sent your application to the court. It is still possible to divorce even if your husband doesn't sign the form - but this will take yo longer and cost you more as you would have to instruct a process server in Italy to serve your husband with the divorce papers. If your husband didnt respond after he had been served with the papers - then you can continue to obtain a divorce without needing any further response from him. Please do not hesitate to ask if I can assist you further. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Please tell me how I can know..."preclude you from issuing proceedings in England" ...Where should that be written ?I think I don't need a lawyer who is specialized in Italian law, as I renounced everything (matrimonial finances ecc.) when the separation proceeding was made.I am not sure if I understood "unreasonable behaviour". What does that mean ? I have been married for about 20 years.
Is that too long for to be seen as "unreasonable behaviour" ? So in that case a quick divorce could not be done ?If I understood it right, I can divorce without going to Italy, it would take longer in case my husband does not agree anymore. Can You tell me please, how much it would cost more or less in that case and how long it could take ?Sorry for my English and all these questions, but I have to know before I consult a lawyer here in town.Thanks again for Your help.Kind Regards
Sonja
Customer: replied 10 months ago.
Hello, it is me again.I have found http://www.divorce-online.co.uk. They provide online divorces.I also chatted with someone and it sounded all good to me.Then i did not get replies anymore.Now I wonder, are they legal, or is it a scam and maybe I got hacked while I was chatting ?Please let me know, if I can trust them, so I would surely ask for an online divorce.Thanks a lot !!!Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 10 months ago.
Hello I am sorry but I have not had ay dealing with this company before so I cant personally say. It is quite simple to complete the divorce papers yourself if you want too. This link will help you: https://www.gov.uk/divorce/overview If I can assist you further - please do not hesitate to ask :-) kindest regards Caroline
Customer: replied 10 months ago.
Hello Caroline,thanks so much for the link !!! I will check it out soon.Thanks so much also for offering more assistance.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 10 months ago.
Glad I could help :-) Kind Regards Caroline
Customer: replied 9 months ago.
Hello Caroline,it is me again.I have printed the "Divorce/dissolution/ (judical) separation petition and "Apply for help with fees" form.Can You please tell me, which one I have to bring to the court first ? I haven't paid any fees yet.And will it be accepted if I fill it in by hand ?Thanks very much and Happy Easter Monday.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Good Morning Sonja I hope that you are well. Just to clarify - are you seeing to know the difference between divorce and judicial separation? Kind Regards Caroline
Customer: replied 9 months ago.
Hello Caroline,I already did the judicial separation. 3 years ago my husband and I went to a lawyer in Italy and our separation request went
to the court. The 3 years are finished now, so as far as I was told we can divorce now.I only don't know which form to bring to the court first, maybe I can give them both at the same time ? (Divorce and Apply for help with fees).Thanks so very much for helping.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Good Morning My dear My sincere apologies for my delay in responding to you - I have been unwell over the last few days. In relation to your application for divorce - you send need to send both forms to the court at the same time. The court will the assess your eligibility for a fee remission. If you qualify for a fee remission they will then process your divorce petition at the same time. If they consider that you need to pay a contribution towards your court fee - they will write to you and let you know what this is. Once they receive your payment they will then process your divorce application. I hope this helps. Please do not hesitate to ask if I can assist you further. Kind Regards Caroline
Customer: replied 9 months ago.
Good morning Caroline,so sorry to hear you have been unwell. Hope you are doing better now.I am so thankful that you still help me. I am sorry to bug you so much.Yesterday I started to fill in petition and had a few problems with understanding.So I bought a service from Online Divorce in the hope they could help me, but I am having a bad experience with them now,
so to make it short I asked for a refund. But I fear it won't be easy, cause their 14 days refund guarantee is tricky. Their terms say that once the document is created, no refund can be asked. To my surprise the document was created in super speed time, I wanted to correct some of my answers in the questionnaire that I had to fill in, but I even could not login into my account until this morning. I sent 2 emails to them asking not to create any document until it is not sorted, but I never got replies and my wish was ignored. So much for them. Very disappointing.Thanks so very much for your reply, Caroline. Is it possible that you assist me in a few sections of that petition form ?I thought Online Divorce would have assisted me, for this I bought their service, but it is very poor.Of course I would pay you, as I know I am taking some of your time. Please let me know, as I am still not sure if I filled it in correctly and don't want to bring it to the court with errors.Thanks again very much for helping.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Bless you! :) You do not bug me at all - I am more than happy to help you so please don't hesitate t ask. Kind Regards ***** *****
Customer: replied 9 months ago.
Hello Caroline,You are so kind. Thank You again so much.So here I am ... I am struggling with Part 3 and Part 4 of the form for now.Maybe I start only with Part 3. Don't want to confuse too much. I don't know which one of the following to choose, I call it A) and B) so you understand what I mean.Part 3 Jurisdiction
The court has jurisdiction to hear this case underA) Article 3(1) of the Council Regulation (EC) No 2201/2003 of 27 November 2003.....on the following grounds
.....other
.....The Petitioner is domiciled and habitually resident in England and Wales and has resided there for at least 6 months .....immediately prior to the PetitionOR do I have to select the follow (as I, Petitioner live in England and my ex husband lives in Italy, where the decree of judicial separation was pronounced in January the 14 of 2013 in the Court of Rimini.B) The court has jurisdiction other than under the Council Regulation on the basis that no court of a Contracting State has .....jurisdiction under the Council Regulation and the Petitioner Respondent is domiciled in England and Wales on the date .....when this application is issued.Thanks so much.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Hello I am just nipping out but will be back in a few hours. I will then get the form up on my screen so I can work through it with you. Kindest Regards Caroline
Customer: replied 9 months ago.
Thanks so very very much, Caroline !!!!!!
Expert:  ukfamilysolicitor replied 9 months ago.
Hello :-) On Part 3 - you need to tick the boxes next to these: Article 3(1) of the Council Regulation (EC) No 2201/2003 of 27 November*****has jurisdiction other than under the Council Regulation on the basis that no court of a Contracting State has jurisdiction under the Council Regulation and the Petitioner Respondent is domiciled in England and Wales on the date when this application is issued (on the 2nd one also tick the box in the paragraph next to petitioner) On part 4 - tick this box: no other proceedings in any court in England and Wales or elsewhere If you are choosing - unreasonable behaviour then tick that box and in the bigger box underneath list 6/7 reasons as to why you cannot be expected to remain married to your husband. let me know if I can help you further. Kindest Regards Caroline
Customer: replied 9 months ago.
Hello Caroline,thanks very much for helping.You wrote to choose : No other proceedings in any court in England and Wales or elsewhere.So the fact that the judicial separation was done in Italy (court of Rimini) does not have anything to do with this ?
I do not have to mention it in the form ? Glad you told me, as I would have mentioned that, so it would have been error.In Part 5 I ticked
I apply for a divorce ... on the ground that the marriage has broken down irretrievably, orand I also ticked:
The parties to the marriage ..... lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent consents to a decree/order being grantedWe are separated now for more than 3 years, so is it correct what I have ticked ? Does my ex husband has to write something where he states that he consents ? I hope not as I do not have any contact to him.Thanks again so much.Kind Regards
SonjaSo, the fact that I had a ju
Expert:  ukfamilysolicitor replied 9 months ago.
Good MorningYes if they were not divorce proceedings.In respect of the grounds - If he will agree then you might want to choose 2 years - but be aware he could withdraw his consent at any point and you would have to start again likely on unreasonable behaviour.The court will send your ex a copy of the forms and an acknowledgment form for him to complete.Kind RegardsCaroline
Customer: replied 9 months ago.
Hello Caroline,You are a great help and I am so thankful to have found you.I hope this is the last time I am taking your time.Please tell me if I can write the follow in Part 6 Statement of case:"The spouses are separated over 3 years. The Petitioner has left family home the 7th November 2012 and confirms to have lived separately since the date of desertion from the Respondent. The Respondent consents to the divorce."Is that enough to write in the box ?My last 2 questions regard the "Apply for help with fees" form.Question 3: "Enter the form name or number related to this application" I don't know what to write there ((Question 9: "Do you receive any of the benefits listed below?" I am not receiving benefits in my name, but my partner does and I am included in his claim because we are a couple, so do I have to tick "NO" or "YES" ?I know I am repeating myself but again Thank You So Very Very Much !!!Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Hello wording is perfect. question 3 - is D8 - divorce petition formquestion 9 - tick yes and include a copy of his benefit letter kindest regards ***** *****
Customer: replied 9 months ago.
Hello Caroline,sorry that I reply only now, was busy with the form and had printing problems.Thanks again so very very much for Your great help !!!!!!!!!!!!!I sure would have been lost without You.I will do the "Apply ..." form today and tomorrow I will go to the court, just wondering how to present so many papers.I will try to send You a bonus and write a review, hopefully I figure out how to do that.Have a nice day.Kind Regards
SonjaP.S. I am doing step 1 of the divorce procedure now, in case I need help for step 2 and 3, can I contact You again ?
Hopefully this page will still exist, so I just login for to find You !
Expert:  ukfamilysolicitor replied 9 months ago.
Hello SonjaAs always more than happy to help :)A lot of divorce petitions have to be sent by post to a regional unit now.I will send you a link and this will tell you where you need to send your papersKind RegardsCaroline
Expert:  ukfamilysolicitor replied 9 months ago.
https://courttribunalfinder.service.gov.uk/search/
Customer: replied 9 months ago.
Oh, I thought I just go to the court and bring them myself.But maybe sending by post as recorded letter is better. So I am waiting for Your link.Caroline, I still have one question ...Apply Form Question 9 ... I ticked YES and it says to go to question 12But what's about Question 11, where they want to know my partners income.Don't I have to write how much that is ? You said to send a copy of his benefit letter.
Is that enough ? My name is ***** ***** in that letter at all, it says living expenses for you and your partner and
the letter is from February 2015.Thanks again very much for helping.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
https://courttribunalfinder.service.gov.uk/search/
Expert:  ukfamilysolicitor replied 9 months ago.
HelloIf you get one of those benefits then you don't need to worry about the rest of the form or sending details of your partners benefits.It's a passported benefit so you should automatically qualify :)If they want anything else they will ask you.Kindest RegardsCarolineX
Customer: replied 9 months ago.
I really don't know how I would have done without Your help !So I send only a copy of his benefit letter with all the rest and wait for You to send me the link.Thanks again so much, sorry if I repeat myself so many times, but I cannot thank You enough !
Expert:  ukfamilysolicitor replied 9 months ago.
Bless you !Sorry just checking - is it you or your partner on the passported benefit ?
Customer: replied 9 months ago.
Only my partners name is ***** ***** the benefit letter.Then they say what he and his partner (me, but no name) are allowed to have weekly.
Expert:  ukfamilysolicitor replied 9 months ago.
HelloAs its in his name - you need to tick no to 9Complete 10 and*****will likely ask for a recent benefits letter - so it may be worthwhile requesting one now in case they do
Customer: replied 9 months ago.
I see. Ok, I will tick NO and complete 10 and 11Can I still send this benefit letter from 2015 (this is the last one he got) with all the rest and see what the Court replies ?
Or should I not send a copy of the letter at all ?
Thanks very much for telling me.Did You find the link where to send it all ?
Expert:  ukfamilysolicitor replied 9 months ago.
HiSent the link a coils of times - my apologies if it hasn't come through:https://courttribunalfinder.service.gov.uk/search/Just send in what you have and they will let you know if they need anything further.Kind regardsCaroline
Customer: replied 9 months ago.
Hello Caroline,I got the link now and found out which court it is ))Thanks again so very much for Your GREAT help !!!!!!Have a nice rest of the week.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Happy to HelpTake CareX
Customer: replied 9 months ago.
Hello Caroline,I really thought I had all I needed but now I read on the GOV.Uk Get a Divorce site the follow:
"Include the names and dates of birth of any children (no matter how old they are)."Where do I include their names ? There is no space on the D8 form for that. And on my marriage certificate my children are
not mentioned.And another thing what I read on a different website (Divorce Petition Notes for Guidance) is:. If the Petitioner or Respondent did not take on the married name an
explanation must be given on the face of the Petition that is, that the:
i) parties name was changed by deed poll;
ii) parties name was changed by common usage; or
iii) the party never took on the married name.I never took the name of my husband, so what do I have to do ? Where do I write the explanation ?Can You please help me again ? I am so sorry, don't get mad at me. I wished I was English, it would have been much
easier.Thanks so very much.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Is it on part 7 of the D8 kind Regards Caroline
Customer: replied 9 months ago.
Hello Caroline,thanks again very much for your kindness and help.On Part 7 I can only type their birthdays and write that they are over 18, but not their names.So I guess that will be enough and the Court does not want to know their names.And the fact that I never took the name of my husband (because in Italy they don't do that)
doesn't have to be explained to the Court as You did not say anything to this.Thanks very much, Caroline, and I apologize for so many questions.Have a great weekend.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
HiSorry I missed this for youDid they live with your husband as children of the family ? If they did you will need to include their names and put over 18 in date of birth sectionKind regardsCaroline
Customer: replied 9 months ago.
Hello Caroline,yes we all lived together.There is no space in the birth section for writing their names ((I completed the form with the pc, is it possible to add their names by hand near to the box of their birthdays ?Do I have to send also birth certificates ? I hope not as I have only an older dated one.Thanks very much for helping.Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Hello SonjaSometimes the computer versions are finicky - so it's perfectly acceptable to hand write the details on.Remember you need to send 3 copies of your completed divorce petition to the court.Birth certificates are not required.Kindest RegardsCaroline
Customer: replied 9 months ago.
Hello Caroline,it's done ! Yesterday I sent all to the Court with special delivery signed for.Now I have to wait and see.Thanks again so very much for Your kindness and all the big big help !!!!!!Kind Regards
Sonja
Expert:  ukfamilysolicitor replied 9 months ago.
Your welcome :) x

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