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newly separated

  • 01-01-2017 9:59pm
    #1
    ANGEM
    Registered Users, Registered Users 2 Posts: 61 ✭✭


    Hi all
    my husband ended our marriage in august 2016 and moved to the UK
    We have no kids together and no property or assets.
    he was born in the UK and is living there permanently now can I get him to apply for a divorce over there quicker ?
    Or do we still have to wait the four years?
    Thanks in advance for any advice


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    He's the one living in England so he has to apply for it. he has to be living there for 1 year.

    https://www.winstonsolicitors.co.uk/can-i-divorce-uk-if-i-got-married-abroad.html

    Can I divorce in England if I married abroad?

    You can still obtain a divorce in England providing that certain criteria regarding domicile or habitual residence are satisfied.

    English courts have jurisdiction to hear a divorce petition if either of the following applies:

    A) If it has jurisdiction under the European Union regulation known as Article 3 of Brussels II

    Under Article 3 of Brussels II the English court has jurisdiction if, for the day that the petition is issued, any of the following applies:-

    1. Both you and your spouse are habitually resident in England and Wales.

    2. Both you and your spouse were last habitually resident in England and Wales and one of you still reside there.

    3. Your spouse is habitually resident in England and Wales.

    4. You are habitually resident in England and Wales and has resided here for a year.

    5. You are habitually resident in England and Wales and has resided here for 6 months and are domiciled in England and Wales.

    6. Both you and your spouse are domiciled in England and Wales.


  • #3
    ANGEM
    Registered Users, Registered Users 2 Posts: 61 ✭✭ANGEM


    Thanks for the information ken I suppose ill have to wait


  • #4
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    ANGEM wrote: »
    Thanks for the information ken I suppose ill have to wait

    A bitch I know but think of it this way. It'll be 3 years quicker than waiting to do it here.


    A quick question. Is he an English national? If he is it could be 6 months as mentioned in point 5 of my post above. You'd still want to check with a solicitor here to be absolutely sure.


  • #5
    ANGEM
    Registered Users, Registered Users 2 Posts: 61 ✭✭ANGEM


    True ill just have to keep track of him for the time being


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