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What are we each entitled to in our divorce settlement?

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Mentioning foreign case as unreasonable behavior

  • MikeMiracle
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16 Jul 12 #343435 by MikeMiracle
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Hi,

My wife has filed a maintenance case against me in the country where she lives.Along with a string of allegations, she claims in the case that I abandoned her. But the fact is that she is the one who abandoned me by not joining me in the UK.I have her emails through which I can prove that she is a lying. I have undergone mental torture unimaginable by western standards. Yet , as per the rules prevalent in the foreign country , I am not eligible for divorce without permission of my control freak wife, who is hell bound on punishing me for not obeying her diktats.

I am planning to apply for divorce in the UK under the grounds of unreasonable behaviour. Is filing a false maintenance case ( maintenance case is a criminal case in that country) against me in a foreign court based on completely baseless allegation , will get counted as unreasonable behaviour here in the UK?

Or will I risk , the UK case to get delayed ?
Is there any chance UK court will ask me to wait for the foreign maintenance case verdict ?

The country in question is a developing country , dominated by a conservative society , which has matrimonial rules unfairly favouring women. I am a law abiding tax paying legal resident of the UK with intention to make here my permanent home.will appreciate your comments.

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16 Jul 12 #343438 by cookie2
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I would probably not mention it to be honest. I am sure there are plenty of other UB grounds you can raise instead - there usually are, in almost every marriage. It probably wouldn''t cause any problems but why risk it?

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16 Jul 12 #343439 by dukey
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Where has she started proceedings, its important due to the REMO agreement.

  • MikeMiracle
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16 Jul 12 #343446 by MikeMiracle
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@cookie2 , you guessed it right , I have loads of reasons.

But I would like to be as honest as possible as I am believe that justice exists in this country.

To add to the above,

This is a childless marriage less than 4 years.Wife has already warned me of deadly consequences.As there is no penalty for filing fake cases and false cases are a norm in this particular country , especially with respect to matrimonial matters.

Can I keep my contact details in UK blank in D8 by filling up the C8 ? Can a UK judge will be satisfied with my arguments , given the cultural differences involved.

As she has vowed that she will never give me divorce , which is perfectly legal in her country.She for sure will not accept or reply to the UK court documents.

Can I ask the UK court to deliver me the Petition so that I will deliver her via professional process server ? I prefer this to be happening first before the court sending the document via post . will UK court accept my requests? How experience people see this ? Thank you all for commenting.

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16 Jul 12 #343451 by cookie2
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Dukey, since no divorce has been filed in any country, I don''t think it will make a difference. No divorce has been filed threfore the OP can file one in the UK.


MikeMiracle wrote:

@cookie2 , you guessed it right , I have loads of reasons.

But I would like to be as honest as possible as I am believe that justice exists in this country.

Justice has nothing to do with it. You will not get any more "justice", whatever reasons you put. By leaving this out you are not being dishonest, so long as your other reasons are true - you are simply choosing the most useful information to achieve your goal. There''s nothing unjust or dishonest about that.

Can a UK judge will be satisfied with my arguments , given the cultural differences involved.

A UK judge does not give 2 short ships about "cultural differences". All he cares about is whether you have a valid divorce petition or not. If you have, then the divorce will be granted.

she has vowed that she will never give me divorce , which is perfectly legal in her country.

A UK judge also does not care what is and is no legal in another country. It does not matter if she replies or signs the documents. If you want a divorce, then you can get one. If she will not cooperate then it will be more difficult for you, but you will win. You cannot be forced to remain married against your will.

Can I ask the UK court to deliver me the Petition so that I will deliver her via professional process server ?

Yes, but this is normally only done if there is a flight risk. Normally you would let the court send them and see if she replies (you never know).

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16 Jul 12 #343452 by dukey
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The reason i asked which country is to try and work out what is actually going on here, usually an applicant can only ask for maintenance after a request of divorce, i bet my life there are exceptions though.

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16 Jul 12 #343467 by cookie2
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Yes, I''m interested to know which country it is too. Most "developing" countries do not have conservative governments, and most do not give women anywhere near as many rights as men.

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