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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Divorce of non-UK nationals/non-residents

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04 Apr 12 #321549 by Abungu
Topic started by Abungu
My husband and I married as students in the UK in 1989. He is a Kenyan national, I am a US national. We subsequently married again in Kenya a few years later. I am currently seeking a divorce through the Kenyan courts. Is there anything that can be done about our UK marriage? How can a divorce be obtained? Both of us are permanently resident in Kenya since 1989.

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04 Apr 12 #321562 by cookie2
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No, you should seek a divorce under Kenyan law. The UK would not have jurisdiction to grant a divorce.

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04 Apr 12 #321567 by Abungu
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I''m not sure that I was clear. We married in a civil ceremony in the UK and we have a UK marriage certificate.

Additionally, we married in Kenya and have a Kenyan marriage certificate. Would the divorce in Kenya "nullify" the UK marriage? Or will we remain forever married under UK law?

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04 Apr 12 #321578 by Tets
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As cookie says the UK has no jurisdiction as neither of you are UK nationals, live here or are domicile(regard the UK as your home) in the UK.
The foreign divorce will be recognised in the UK as long as there is an official procedure and you both are informed and have reasonable opportunity to be involved in the procedure.
You will also need an official document certifying the dissolution of the marriage.



I''m not a lawyer my advice is my understanding of the law.

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04 Apr 12 #321579 by Abungu
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Thanks so much, that seems to be the advice I am getting from UK lawyers as well. Cheers!

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