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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.


Married in South Africa

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03 Aug 12 #347154 by Lusizi
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Married my British husband in South Africa in 1990, we travelled round the world for his job and moved to Thailand in 2007. In 2009 he told me he no longer wanted to be married, I stayed but after a trip home he would not let me return. We have not lived together for 3 years next month and I know he will never make the effort to divorce me. He was supporting me up until the end of last year and has now stopped, besides a few attempts at asking him to continue supporting me we have no contact. I am back in South Africa and he is living in Thailand,he travels often to the UK. I want to know if I sue him for maintenance in the UK and can he be held accountable when he is there?

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03 Aug 12 #347155 by Reddit
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Neither of you is resident in the UK - the UK court has no jurisdiction.

How old are you and do you have children?

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03 Aug 12 #347160 by Fiona
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The jurisdiction to grant a divorce in England or Wales depends upon whether at least one of the spouses has sufficient connection with the country. If your husband is domiciled in E&W you can divorce there, South Africa or Thailand if he is eligible to divorce there too. However, before starting any proceedings you really need to consult a lawyer with knowledge and experience of international divorce to compare the different forums.

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03 Aug 12 #347169 by Lusizi
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I''m 55, no kids. Just trying to find a way to get support from him, with or without a divorce. If a South African court found him liable to pay support could it be upheld in the UK.

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03 Aug 12 #347190 by Fiona
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There is an international agreement for the Reciprocal Enforcement of Maintenance Orders which South Africa has signed up to. You would need to register a court order with the authorities over there and then they can ask the authorities here to enforce the order. See;

www.justice.gov.za/brochure/20100825_maintenance.pdf

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04 Aug 12 #347298 by colours
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I dont see how a SA provisional MO can be enfored in the UK when your husband is living in Thailand. UK Magistrates court would have no jurisdiction.

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04 Aug 12 #347314 by Fiona
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My understanding is that to register an order with the courts in the UK the payer must be either resident or have assets within the jurisdiction of the courts here.

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