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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7234
Experience:  Barrister at law
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Me and my husband separated over 2 years ago and we have a 4

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Hi, me and my husband separated over 2 years ago and we have a 4 year old son together. We agreed me and our little one would live abroad in the Czech Republic. During the time we have been here, my husband came to see our little one when he wanted for however long he wanted, he supported us when he wanted and stopped supporting us when he wanted. Last year he didn'support us financially for 9 months, this year he stopped supporting us in August. I still allowed our him to visit our on for his 4th birthday in September, he stayed for 9 days and I haven't heard from him since he left. If I apply for a divorce now, is there any chance I could lose our son? Could our on be asked to travel to visit his dad? I know for sure I wouldn't get my son back so I would like to avoid that. When it comes to finances, I don't want anything from him unless he gives it willingly. Since I live abroad and I believe my husband won't make it easy, will I be able to sort out the divorce from abroad? Thank you.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, not yet. I haven't filled in any forms yet.
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Customer: replied 20 days ago.
Sorry about all the spelling mistakes.

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Is your husband resident in the UK, given that you have indicated that you are living overseas?

Customer: replied 20 days ago.
he is living in the UK. He is British

Thank you for confirming.

You can file for divorce in the UK if one of you is habitually resident in the UK.

However, for court orders concerning your child you would have to look to your local court as the UK will not have jurisdiction if your child is not resident in the UK.

For your divorce you can file online rather than sending a paper copy.

The link to the divorce petition application is here:

https://www.gov.uk/divorce/file-for-divorce

The fee to apply is £550.

You can tick on the form that you wish for him to cover these costs.

The link here sets out the process and gives an idea of timescales:

https://www.family-law.co.uk/services/divorce-law/divorce-flow-chart/

You should not lose your son if you apply for divorce - you are his main carer and there is no reason that this would change.

If you are not interested in making a financial claim, then you can ask for a clean break order to sever ties between you.

This article here sets out what are considered joint assets here, and hopefully this will give you information and help you make a decision as to whether you pursue this angle: https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/matrimonial-and-non-matrimonial-assets/

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

Customer: replied 20 days ago.
Thank you so much for your explanation. May I ask if I can sort out the divorce from abroad or will I be required to travel to the UK for any court hearings? When I apply for the divorce, can he not apply for a contact order? Our son was born in the UK, his dad's name is ***** ***** birth certificate. But our son has been living in the Czech Republic with me for over 2 years. His dad mentioned a few times this year he would like our son to travel to see him but I believe it's so that he can trap him in the UK. Does it mean if I ever want to apply for full custody of our child, I won't be able to do this through the UK system? Will it have to be done through the legal system here in the Czech Republic?

You should be able to deal with any court hearings from abroad, by way of a telephone hearing.

He can apply for contact at any point after you separate - he does not have to wait until you apply for divorce to do this. But your son is not resident in the UK so the UK cannot make an order for contact. You would need to apply through the Czech legal system for custody in my view.

I hope that this clarifies things.

Customer: replied 20 days ago.
Also may I ask a question regarding maintenance payment for our son? He told me over a year ago he doesn't have to pay because we live abroad. Is this true? He hasn't paid me for 13 months during our 2 year and 3 months stay. I have a few messages on my phone from him (from before we left the UK) saying he would support us and I won't have to work or worry about finances. This was our agreement. Are any of these messages taken into consideration? When it comes to finance, after we got married, my mum sent me 59k, which is money that my parents saved up for me and also money I saved up myself. Because my husband has been careless and hasn't supported us much since our little one was born, I had to spend a lot and I am left with 18k. I am worried he would take that from me and my little one. That's why I didn't want to go through the finances. My husband started a business and I know he has plenty of money, he is travelling around the world most of the time. But on the paper he makes it look like he doesn't have much. Are finances investigated in any way? I have nothing to hide, I'm asking if his finances can be investigated by the court. He told me he has an office in Turkey. If he also has a bank there, can his finances be looked into abroad? Thank you.

Yes, finances can be looked into abroad. It's not straightforward though and such financial applications (ones that involve assets outside of the UK) can take years to complete.

With maintenance again I suggest the you go through your local court - the UK child maintenance service cannot assist as you live abroad. But, an award for maintenance from your local court should be enforceable in the UK against him. Child maintenance is a legal obligation pretty much universally, no matter where you live.

I hope that helps. If you have further questions don't hesitate to ask - you can direct a new question to me on a new thread by starting it with the words "for PLCLEGAL only".

Thanks and have a good day.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 18 days ago.
Thank you so much for your help. One more thing crossed my mind this morning - Brexit. As Brexit is happening soon, should I file for a divorce asap? Are their any changes when it comes to Brexit and divorce? I will be filing for a divorce from the Czech Republic which still remains in the EU. Thank you.

Honestly we don't know if there will be issues following Brexit - much is still unclear. So if you are able to move forward with this then all the better.

Thank you for your enquiry. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

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