How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I previously posted here as my spouse went and got a foreign

Customer Question

I previously posted here as my spouse went and got a foreign divorce (Pakistan) without me being aware and UK courts accepted it and refused to issue Decree nisi.
I have been trying to get my ex husband to sign a clean break order which he previously agreed but won't go through with it but hasn't made a financial claim either.
Given that UK courts accepted the foreign divorce am I still at risk of Financial claim. How do I address the situation of clean break order given I am living in a one bedroom flat with my 8 year old son and need to move to a bigger property.
Submitted: 8 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear what has been happening.

The news that I have for you is probably not what you want to hear but I have to be honest with you.

Basically, as the court in Pakistan has already dealt with the divorce proceedings then it is the Pakistan courts that have jurisdicition in relation the matrimonial finances aswell.

You need to know that even if you did get your ex husband to sign a clean break order and you sent this to the UK courts then this would be rejected as the courts here do not have jurisdciton to deal with the matter.

What you need to do is to obtain advice form a Lawyer in Pakistan as to how the matrimonial finances would be dealt with there.

I am a specialist in UK law and not Pakistan Law and therefore cannot not tell you how a court in Pakistan deals with the matrimonial finances but I hope that this helps you so that you do not submit a consent order to the wrong court and waste your time.

kindest regards

Caroline

Positive feedback is gratefully received

Customer: replied 8 months ago.
just to summarize even though we both are British, marriage was recognized in Britain but because the divorce was issued by Pakistani courts he will have to go through Pakistani courts for any financial claim and only Pakistani law will be relevant.
Online it had said even if there is a foreign divorce a financial claim can be made in UK courts.
My aim is just to have closure on financial matters.
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Thank you for your response.

No it is the position that the Pakistan courts have jurisdiction as they dealt with the divorce. It is not possible to choose a different jurisdiction for the finances.

kind regards

Caroline

Customer: replied 8 months ago.
he cannot make a financial claim via the UK courts?
Customer: replied 8 months ago.
http://expatriatelaw.com/where-to-divorce/divorce-where-you-live/expat-divorce-pakistan/The link above seems to indicate that he can make a financial claim via the UK courts. I don't mean to challenge but I need to be sure.
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Thank you for your link. I have looked at this for you.

You have previously stated that your ex obtained a divorce and that as a result of this the UK would not accept your application for decree nisi. For the UK courts to take this position there must have been an official divorce document which is more than him pronouncing Talaq which is what the article refers too.

As the English courts have not allowed the Jurisdiction for divorce then they will also not have jurisdiction for the financial proceedings. Any such claim would have to be made in Pakistan in your case.

kindest regards

Caroline

Customer: replied 8 months ago.
Hi - Yes there is an official document from Pakistan. Another solicitor I had consulted had told that as per section 3 a financial claim can be made in UK courts.
I just want to be sure.
Expert:  ukfamilysolicitor replied 8 months ago.

Can you upload the document for me.

kind regards

Customer: replied 8 months ago.
Will it be visible publicly on the forum?
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Im note sure as I dont have any admin functions. It is worth you calling customer services and checking.

kind regards

Caroline

Expert:  Clare replied 8 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years

Just for clarity - as he was the Petitioner in the divorce in Pakistan it is unlikely that the court would allow him to make a claim in the UK - but the full details are here

http://www.iflg.uk.com/guidance/have-you-been-divorced-abroad-english-financial-settlements-after-foreign-divorce

Customer: replied 8 months ago.
I had previously read that extract though could you point out where in the article is clarified about him not being able make to a financial claim in UK being the petitioner of the foreign divorce.
Also am I able to make a financial claim via the UK courts?
Expert:  Clare replied 8 months ago.

Sorry - that is a matter of experience! - The fact that he chose the venue means that he will find it hard to argue that it would be unfair if he could not make a claim!

Customer: replied 8 months ago.
he petitioned for divorce in UK first but then when applying for decree nisi provided the foreign divorce. At which point UK courts said there is no need for a divorce in UK. So that means I cannot make a financial claim in UK either?
Expert:  Clare replied 8 months ago.

If there are assets here then yes you can make a claim against them - you did not decide the venue!