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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
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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I need some legal advice. my husband years divorced

Customer Question

I need some legal advice. my husband years divorced me while I was in the Philippines with our children. We migrate in the Philippines in 2007, 16 months after we moved he was having an affair to a girl he met on Frenster. to make the story short, he left us cameback here in England in 2008, filed a divorced against me in June 2009. Without me signing any divorce documents his solicitors send me the divorce been granted in Nov. 2009. As soon as the divorce was granted he went back to the Philippines without my knowledge then married the girl. He been paying me maintenance two children and myself. but after 3 months he stopped my maintenance. He's got a monthly payment from his private pension. I'm now back here in the UK but my two children still left in the Philippines hopefully I can get them back once I can afford to. My question is, what are my entitlement legally? Am I eligible Pension Share?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Which country does your husband live in?
Have you remarried?
Customer: replied 3 years ago.

My husband live here in United Kingdom a British subject.

No, I am not re married nor living with someone, still single and living on my own.

Is it Legal what he did? I never signed any divorce documents, and the Divorce been Granted.

As I stated early on I was in the Philippines at the time I can never attend the court here in UK.

We never had a settlement.

Expert:  Clare replied 3 years ago.

I appreciate that you were not in the Uk - but why did you not challenge the Decree Absolute as soon as you found out about it?
How old are the children now/
Customer: replied 3 years ago.

The reason I didn't challenge the Decree Absolute I can't afford to pay a Solicitor to Depend me because he stopped paying my maintenance and I don't work. All my savings were run out, we were only renting our accommodation. The money he was sending boys was not even enough to send them to school, whereas he's paying girls brother and sister schooling!!!

Secondly, the Family Law in the Philippines is completely different here in UK,

My children are now adult, Philip (my eldest) is now 23 last December and Mark (my youngest) will be 20 on Sunday February 8. My younger son didn't even graduated in high school due to the Lack of fundings!!

Expert:  Clare replied 3 years ago.

Your starting point is to write to the court that granted the Decree Absolute and ask them if your ex applied to dispense with service of the divorce papers on you and if so on what ground.
You should tell them that the papers were never served on you.
At the same time you can apply here in the UK financial side of the divorce to be dealt with which will include a claim maintenance and pension sharing order
Please ask if you need further details