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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.


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Mentioning foreign case as unreasonable behavior

  • Fiona
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16 Jul 12 #343477 by Fiona
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Cough, cough…. Different countries have different laws from England & Wales and in some (Scotland for example) the duty to maintain a spouse means maintenance or aliment (alimony) is due and can be enforced even before divorce proceedings commence. ;)

In fact in some countries maintenance orders are made not just for ex-spouses and minor children but also adult children may claim from parents and indeed parents from adult children when they are in need. How maintenance from abroad is enforced abroad depends on the country concerned and what if any international conventions the country has signed. If it is a non REMO country it may be a case of taking the order made in one country and applying through the courts to have it enforced according to the laws in another country.

The first questions are was the marriage legal in the country where it took place and are you eligible to divorce in the UK? If so you may apply for divorce here but there are special rules for serving papers abroad. See Part 6, Chapter 4 Family Procedure Rules 2010. You won''t necessarily be any better off financially divorcing in the UK and a solicitor with knowledge and experience of international divorce, in particular in the relevant country, is best placed to compare forums and serve papers if your wife is likely to be difficult.

  • MikeMiracle
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16 Jul 12 #343604 by MikeMiracle
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The country in focus 1) is home to 1/3rd of the world''s poor 2) has a space program.Don''t want to rant.
If you are keen , You can google "498a" to know more about this law.


The marriage is a proper & valid one. I am eligible for divorce in the UK. She has filed a maintenance case alleging that I neglected and refused to maintain her. The fact of the matter is that she neglected me & refused to come here.The case is only a maintenance case , which is a common practice there.Its called crpc 125. Its not part of divorce.

I don''t think question of REMO arises for me. I am fighting the maintenance case there without physical presence through power of attorney and am not running away from law. I am ready to pay maintenance to her.The court has passed an interim judgement , with out listening to my side.(Again this is normal there).I will be honouring this judgement in next hearing by depositing money to the court. I expect this amount to be reduced in final judgement.


I am aware that divorce is expensive in the UK. As she can deny me divorce in the foreign country ,This is a question of my personal liberty , freedom & human rights and only option left for me.Thank you all for responding, I will try to get a solicitor in UK who is aware of foreign law as well.

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17 Jul 12 #343704 by cookie2
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MikeMiracle wrote:

I am aware that divorce is expensive in the UK.

No it''s not, if you DIY it, it costs £385.
You''ll likely need an international process server which will obviously cost a little more, you can google or yellow pages for that. However it''s probably worth using a solicitor to manage all of this. The first consultation is usually free and you can get a costs estimate.

I would imagine that after a divorce is granted, the maintenance case will fall apart since you will no longer be her husband? So rather than spending time and money fighting that I would simply get a divorce here ASAP.

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17 Jul 12 #343788 by MikeMiracle
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Thanks for your comments.

I would imagine that after a divorce is granted, the maintenance case will fall apart since you will no longer be her husband? So rather than spending time and money fighting that I would simply get a divorce here ASAP.


No. such respite. As per the rules there , wife has to be supported even after divorce until she gets a job or she remarries. I think the rules are same here as well.Also my parents live there. I can''t ignore them.

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