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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1469
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter and partner, both UK passport holders, but

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My daughter and partner, both UK passport holders, but living in Spain at the time got married in Nevada about+6 years ago. They have since separated, over 2 years ago, and my daughter is now living and working in UK, with her 2 children aged 16 and 13. Can you advise how she obtains a separation/divorce please. The husband is still in Spain working, but not legal, and occasionally making money payments, but no actual maintenance agreement.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- does your daughter intend to continue to remain residing in Engand/Wales?

- does the father agree to divorce?

- (for legal aid) was there any physical, emotional or financial abuse in the relationship?

- any assets to the marriage?

kind regards

Caroline

Customer: replied 4 months ago.

Good Morning Caroline, Yes it's her intention to stay in UK. Currently the father is unaware, but my daughter thinks he would be agreeable. There's been no abuse in the relationship to the best of my knowledge. The main asset was the Spanish home which has been sold and proceeds split 50/50. Not sure whether this is relevant, but the marriage has not been registered here in UK. Regards, *******

Hello Michael

Thank you for your response.

Please accept my apologies for my delay in responding to you today.

As long as their marriage was a legal one in Nevada then it will be a legal marriage here.

As your daughter intends to remain in this jurisdciton and has resided here for the last 2 years, then it is appropriate for her to divorce in this jurisdiction.

If there was no abise then your daughter wont be able to get legal aid as the rules have changed.

Divorce itself is really a paper based exercise now and if it is not contested then they will not have to attend at court.

Divorce can be for one of the followin reasons:

I note that they have been separated for 2 years and therefore your daughter could petition on this basis. The only issue with a petition of this type is that the husbands consent is required and the problem is that he could withdraw his consent at any point during the process and if he did then yoru daughter would have to petition again under a different reason.

The other reason your daughter could petition under is unreasonable behaviour. For a petition of this type then your daughter needs 6 / 7 reasons as to why she can no longer remain married to her husband. The reasons are subjective but do not ahve to be hostile. Such reasons can be that ... 'he did not pay me enough attention.'

If is really worth your daughter having a chat with your husband and then choosing her petition. A copy could also be sent to him before being sent to the court for his approval so that there are no suprises.

This is the divorce petition that your daughetr will need to fill out:

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115

Once your daughter has filled out the form then it will need to be sent to your regional divorce centre. This search will hel you locate your closest one:

https://www.gov.uk/find-court-tribunal

There is a court fee payable of £550 when the divorce petition is issued. Your daughter may be eligible for a reduction or waiver depending on her means.

The court will then send a copy of the petition to the husband. If he agrees this then your daughter can apply for decree nisi and once this is pronounced she can then apply for decree absolute 6 weeks and 1 day later. Decree absolute will mean they are divorced and free to remarry.

I note that there has already been a division of the matrimonial assets. It may be worth considering a clean break consetn order to prevent any future claims. If this can be agreed then it shold be submitted to the court for approval when applying for decree absolute.

Let me know if I can assist you further

kindest regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open and I will be able to answer your follow up questions for free for you.

Customer: replied 4 months ago.
Thank you for that.However,the main potential problem that I really need an answer to is that .....should my daughter, before obtaining the divorce, purchase a house, will her ex have a claim on it? Their previous assets ie a house was divided equally when she left him. and it is with this money that she would be buying a house, and with a mortgage to make up the short fall.Nothing has been settled legally in any way other than that.Many thanks for your help. Michael Bree

Hello Michael,

In relation to the matrimonial finances - your daughter would have to disclose her position.

Although they have split the value in the house - as there is currenly no order in relation to the matrimonial finances (there cannot be until divorce has been issued and decree nisi obtained) what they have agreed is not legally binding.

That being said, if there was now a disagreement and the husband wanted more then the court would entertain such an application but it may well mean that he has to pay your daughter more. This is because your daughter is the main carer of her children whom are minors and even though they may not be his biological children ( this appears to be the position in the first post) the court still count the children as children of the family and want their needs to be met including thier housing needs.

In reality if the assets had been split after legal advice had been sought then your daughter should have sought a larger share above equality - around 10 to 20% more so in fact hes had a good deal getting equality.

A court will understand that your daughter wants to secure the housing for the children with the monies that she received and she wont be penalised for purchasing a property but I would suggest that divorce and a consent order be submitted to the court sooner rather than later confirming what they agreed to make it legally binding once approved and prevent him seeking any more if he decides to squander his share.

I wouldnt hesitate to buy the property as the money in the bank is the same as the asset in the hosue and will have to be disclosed in any event.

Please do let me know if I can assist further

kindest regards

Caroline

Positive feedback is gratefully received

Hello

I note that this question remains unrated. Your feedback is important to me and I would be grateful if you could kindly rate my help by using the stars so that credit is received for helping you.

If I can assist you any further then please do not hesitate to ask.

kind regards

Caroline

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