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Husband left and sent me a separation letter

  • cloudyday
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3 years 3 months ago #493923 by cloudyday
I'm new to this website and I need advice on my current situation. Hope someone can help.

Over a year ago my husband out of nowhere sent me a [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] letter which will turn into a divorce after 2 years.

Now with several months to go we still haven't agreed on the terms he stated in the separation letter. My sisters have told me that it appears he's trying to delay the process until the 2 years run out.

I never thought he'd do that but it is getting suspicious and he seems off when I mention about extending the [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url].

He is now living in Hong Kong and I believe the law over there for divorce are roughly the same. I have never been in this situation before and I don't want to end up with nothing whilst supporting the kids...

Can I delay or stop the separation? All I have is a letter from his solicitor informing me after 2 years the divorce will inevitably take place without me having to do anything...

Sorry if I rambled on...

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3 years 3 months ago #493976 by LittleMrMike
Replied by LittleMrMike on topic Re:Husband left and sent me a separation letter
Wrong. Separation for two years is a ground for divorce only
if the respondent consents.

However the petitioner can still petition on other grounds, say unreasonable behaviour, without having to wait two years. Or
he could wait another three years.

Although I agree it's a good idea to negotiate financial arrangements in parallel with the divorce, if it can be done, it is not strictly
necessary to have the financial arrangements sorted out before the divorce.

LMM

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3 years 3 months ago #493977 by cloudyday
Replied by cloudyday on topic Re:Husband left and sent me a separation letter
Thanks for taking your time replying to my post Mike.

How can I petition against my husband who now lives in Hong Kong? Can I use the petition form provided by HM Courts & Tribunal Services, or is there a petition form specifically to deal with one's spouse living abroad?

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  • Tamarasuju
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3 years 3 months ago #493978 by Tamarasuju
Replied by Tamarasuju on topic Re:Husband left and sent me a separation letter
Thats true

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3 years 3 months ago #494058 by LittleMrMike
Replied by LittleMrMike on topic Re:Husband left and sent me a separation letter
The first thing you have to decide is whether the Courts in England and Wales have jurisdiction.

As a general rule, they should have, provided you are ' habitually resident ' in England and Wales ( Scotland is different )

Your first problem would be serving him with the petition if he is
abroad. Do you know his whereabouts ?

The other problem may be if you have a hearing and he lives where he does.

Asfar as I know, the form f the petition would not depend on where he lives, but obviously you'd have to give his address.

LMM

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3 years 3 months ago #494078 by cloudyday
Replied by cloudyday on topic Re:Husband left and sent me a separation letter
Assuming the [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] has progressed and moving on to the divorce stage. Can he divorce me without my consent?

I have found a petition form online from HK (it includes respondent not from HK): www.judiciary.hk/en/crt_services/forms/g...ars_separation_form2

Also, he states I'll get none of his properties he owns in HK in the separation form after 2 years if I don't respond, can he do that? I thought the financial part is dealt with during divorce process not the separation part.

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