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Married abroad -am I able to divorce in the UK?

  • backhome
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2 years 10 months ago #497928 by backhome
Hi everyone, your advice would be so helpful!....

Is it possible to divorce in the UK when myself and my husband got married in New Zealand? Do I have to go through a special court to do this?

We are both UK citizens, he is possibly remaining in NZ with a 2yr visa,(being difficult, may return anytime) while I had to return home recently due to the marriage breaking down.

Does he have to be present in the UK as well as me to do this? Or will things get complex if we are both in different countries?

I found this info, but not sure if it's correct:
\"As long as an English court is satisfied that England is one of the parties ‘home country’ then the court can deal with a divorce, even in cases where someone has lived abroad for many years.\"

No children involved, just our UK home (currently rented out) and his UK pension.

Thanks so much for any advice on this.

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  • LittleMrMike
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2 years 10 months ago #497985 by LittleMrMike
Replied by LittleMrMike on topic Re:Married abroad -am I able to divorce in the UK?
If you are habitually resident in England and Wales ( there are
separate legal systems in Scotland and N Ireland ) and have been for 12 months there should not be a problem about jurisdiction.

There may very well be a problem about service of the petition on a party living
abroad, or if there is a contested hearing in England when the other party lives in NZ and the other in England.

But that's another story.

LMM

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  • Lostboy67
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2 years 10 months ago #498010 by Lostboy67
Hi
As LMM said there maybe some complications if you are living in different countries.
I was married abroad (EU country) but we both lived in the UK and there was no problem getting divorced under UK law. If the divorce is straightforward attending court in person isn't necessary, my ex and I were never asked to attend court.

LB

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  • backhome
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2 years 10 months ago #498079 by backhome
Thank you so much for your help on this, I am getting legal advice this week so will know a bit more - at least I know his address in NZ so that's a plus.

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