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INC Law
INC Law, Solicitor-Advocate
Category: Family Law
Satisfied Customers: 15439
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My husband applyed for divorce in portugal in 2018 withoult

Customer Question

my husband applyed for divorce in portugal in 2018 withoult my concents. how can i tranfer the divorce process to the uk courts? as i believe the processs shouldnt have beggined there per eu law.-we both residents in the uk
-we have a under age child who born in uk
-i never lived in uk
- and at the time the process started in court in portugal i didnt have the same nationaly as his.
Submitted: 6 days ago.
Category: Family Law
Expert:  INC Law replied 6 days ago.

Hi,

Thank you for your query. Where are you and your estranged husband resident?

Customer: replied 6 days ago.
we both live in Uk
Expert:  INC Law replied 6 days ago.

Hi,

if you both live in the UK, but he is Portugese, he can issue in the UK or in Portugal.

However, as you are both habitually resident in the UK, common sense would dictate that proceedings commence in the UK.

It is not a matter of transferring proceedings but issuing yo8r own proceedings in the UK.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 6 days ago.
what about dispute regarding our under age child? are they allow to decide it in portugal courts since we are not agreeing with the child support and etc?
Expert:  INC Law replied 6 days ago.

Hi,

If the child has Portugese Natiinality, then possibly yes.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 6 days ago.
even so she born in the uk and always lived in the Uk?
Expert:  INC Law replied 6 days ago.

Possibly, Yes.

I would suggest you engage a family lawyer to instigate proceedings for you in the UK.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Expert:  INC Law replied 4 days ago.

Hi,

Do younhave any follow up questions in relation to this?