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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.


SERVING DIVORCE PETITION TO SPOUSE IN SPAIN

  • ANNE1234
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30 May 12 #334217 by ANNE1234
Topic started by ANNE1234
STBX has now gone to Spain to stay with parents. I have no idea if/when he will return. Divorce papers will be sent to his parents'' home. I see that you can get INTERNATIONAL SIGNED FOR service and I hope the court does this! However, what if he continues being bloody-minded and decides not to reply? I can''t be paying for a server out there. I wonder if anybody else has had this problem and could give me some information.

I might add he has gone off without a care in the world over the children or how the bills are going to be paid - mind you he hasn''t helped out financially for 6 months.

Thanks in advance.

A

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31 May 12 #334269 by cookie2
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ANNE1234 wrote:

I can''t be paying for a server out there.

Well, you better get saving your pennies, because this is exactly what you will have to do if he does not return the AoS.

You could lodge a costs claim but if he''s in Spain it might be a bit hard (or prohibitively expensive) to enforce.

  • .Charles
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31 May 12 #334273 by .Charles
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If your husband responds to the Petition in any documented form, you should be able to progress through to the Decree Absolute. If he were to send you an email saying "I''ve got the petition and have no intention of responding" you can usually use that as proof of service.

However, if there is no response you may have to instruct a local (to your husband) enquiry agent to personally serve the Petition. This can be expensive as there may have to be translation and/or notarisation fees on top of the actual charge for personal service.

I have never seen one but a petition based on desertion might be an option.

Charles

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31 May 12 #334277 by dukey
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Just to add, courts don`t use international signed for, its way to expensive, it costs me close on £7 a pop to Europe.

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