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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17205
Experience:  I have been practising for 30 years.
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I got married in Jamaica can and would like to divorce my

Customer Question

Hi I got married in Jamaica can and would like to divorce my husband who lives in Jamaica I am a British citizen. Can I file my divorce from here in England or I have to use a lawyer in Jamaica to file my divorce.
JA: Where are you? It matters because laws vary by location.
Customer: I am in London
JA: What steps have you taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 6 days ago.
Category: Law
Expert:  F E Smith replied 6 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long have you been together and married in total?

and is there any marital property?

do you have an address for him?

Customer: replied 6 days ago.
11yrs
Customer: replied 6 days ago.
Customer: replied 6 days ago.
No live call please
Expert:  F E Smith replied 6 days ago.

Provided that at least one of the people wishing to get divorced lives in England, then getting divorced in England (& Wales) is infinitely a do-it-yourself job. (I am not familiar with the system in Scotland)

Save yourself a whole load of money: the government website have a do-it-yourself guide

https://www.gov.uk/divorce

Although you can agree finances between you, it doesn’t draw a line under it unless you have a financial order

https://www.gov.uk/money-property-when-relationship-ends

And if have children under 18, and you cannot agree who they live with and who sees who and when, then you need a child arrangement order (which includes Specific Issue Orders:

To confirm that something can happen

and a Prohibited Steps Orders

To stop something happening

https://www.gov.uk/looking-after-children-divorce

In the United Kingdom, we do not have “irreconcilable differences”. That is a thing in the United States for the time being at least. The rules are changing here shortly to get rid of the following 5 grounds of divorce and to get rid of the fault issue but that has yet to be enacted. To be honest, in my opinion, it’s going to make very little difference because the big arguments are over finance and children not the actual divorce itself.

It doesn’t matter who divorce is who or why, the financial issues are exactly the same. The court has not apportioned blame with regard to the division of marital finances for many years.

Grounds for getting divorced are:

1 The couple have lived part 2 years or more but less than 5 years and they both consent to the divorce.

2 The couple have lived apart for 5 years or more, regardless of whether they both consent or not.

3 Desertion. Not common.

4 Adultery. Very difficult to prove unless there is unequivocal evidence or an admission.

5 Unreasonable behaviour. Most common and relatively easily to put together a petition on these grounds. For example:

A spouse wants an unreasonable amount of sex/never wants it.
Lack of personal hygiene/obsessive personal hygiene.

Obsessively tidy/extremely messy and untidy.

Gambles to excess/is tightfisted with money.

Never interacts with spouse or children/obsessive with children.

Violent or bullying or intimidating.

Excess alcohol.

Lots of grounds.

You don’t need to use a Jamaican lawyer.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 6 days ago.
How long does a divorce takes in uk
Expert:  F E Smith replied 6 days ago.

The divorce itself is not particularly slow and you would probably be looking a couple of months if you do it yourself.

If solicitors deal with it it can take longer because the file can be lying on a desk waiting to be worked on.

It is arguing over children that can take a protracted period of time.

Customer: replied 6 days ago.
We have no children and agreed on assets do we still need to do a finical statement.
Expert:  F E Smith replied 6 days ago.

The court will not get involved in marriage and finances unless divorce or legal separation proceedings have started.

As part of the divorce process, it is always a good idea to apply for a financial order:

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Which draws a line under the finances of the marriage and prevents either of the ex-spouses coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

Strictly speaking, one of the parties should do that before they get the Decree Absolute otherwise there going to have to explain why the delay.

It prevents someone popping up out of the woodwork years later like this:

https://www.dailymail.co.uk/news/article-3634949/Victory-hippy-millionaire-s-unemployed-ex-wife-wins-500-000-share-fortune-money-decade-broke-up.html

and here

https://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

Yours is the simplest kind of order where it’s done by consent (no argument) and you simply agree that you are having whatever you are having. It gets rubberstamped by the court.

Customer: replied 6 days ago.
Ok thank you much.
Expert:  F E Smith replied 6 days ago.

No problem at all. I am really glad to help. Come back to me at any time if anything else needs clarification. Kind regards