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What are we each entitled to in our divorce settlement?

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Can anyone help me

  • kelly1979
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16 Jan 08 #10810 by kelly1979
Topic started by kelly1979
I have a turkish partner who lives in Turkey - I have come back to the UK until he can come (previously living there for 3 years) He was married before to an english lady - but they have been apart for more than 5 years. He is trying to divorce her so that we can marry but the legal system in Turkey is so slow.

His x wife to be! Is happy to divorce but wont lift a finger to help, and I want to try and move the process along. I have written to many solicitors in the UK to try and get help but no one is willing to help me.....Money isnt a problem - doest anyone know how I can sort this out????????

  • mike62
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16 Jan 08 #10812 by mike62
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Kelly,

was your partner married in England or Turkey?

If England or Wales, he could file for divorce here on the grounds of five years separation, without his wife's consent.

If he ever lived in England, he might be able to claim domicile here - see below from step by step divorce guide

1) Where to petition (i.e. in which jurisdiction, England and Wales? and which local county court).
This is a fairly straightforward decision for most, but for people who are from different countries and were married or have recently lived abroad it may not be so clear cut. In very general terms the English courts have jurisdiction to grant a divorce if either spouse:

(a) is domiciled in England or Wales when the proceedings are begun, or

(b) is habitually resident in England or Wales throughout the period of one year ending with the date on which proceedings are begun.

The most obvious category of people who have an English domicile (and who are thus able to obtain a divorce in England) are those who are working for the time being overseas and this can apply to either or both partners. Notice that only one or other spouse needs to be "domiciled" here (or habitually resident ) in order for either to be able to lodge a divorce petition in the English courts. The other spouse can be of any nationality, habitually resident anywhere or domiciled anywhere.

One can live overseas for a very long time without necessarily losing one's English domicile. This is because one can live overseas with the express intention of returning to England at some time in the future. If that is the case one's English domicile is not lost because one happens to be overseas. In fact, intention plays a very important role in deciding where one has one's domicile and it is quite difficult to prove a person's intention one way or the other. In practice, if one is British it is quite easy to petition for divorce here although one happens to be living overseas. And it is not usually necessary to return to the UK in order to be able to do so.


Hope it helps,

Mike

  • kelly1979
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16 Jan 08 #10819 by kelly1979
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Thanks but he has never lived here they were married in Turkey....anyother ideaas welcome

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