A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Overseas Divorce?

  • DeeCee
  • DeeCee's Avatar Posted by
  • New Member
  • New Member
More
14 Aug 12 #349335 by DeeCee
Topic started by DeeCee
Hello all, hoping to get some advice. I married in October 2009 in St Lucia, Caribbean. Im a UK citizen and live in the UK. Husband is St Lucia citizen and lives out there. Shortly after marriage he was argumentative and then violent to me..but anyway, he wont be coming to UK and I do not intend to continue this marriage. Im worried it will be difficult to divorce as I married him in St Lucia, not in the UK. Although I do know the marriage is recognised in England & Wales. We''ve now lived apart for nearly 3 years. Does anyone have advice for me re. will I have to await 5 years separation or can I divorce him sooner as we arent ever going to live together? Also I dont have much contact with him now nor a permanent address for him, but the last time we spoke he said he would never agree to a divorce. Im really worried as Im thinking if he cannot be found/doesnt agree to divorce then I dont know what my next step should be. Confused..so, any advice would be much appreciated, thanks.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
14 Aug 12 #349341 by LittleMrMike
Reply from LittleMrMike
Well, if your marriage is recognised by the English Courts , then you shouldn''t have much difficulty in bringing proceedings for divorce in the UK, and no, you don''t have to wait five years, you would use unreasonable behaviour ( if violence is not unreasonable behaviour, I don''t know what is ). No problem there then. The difficulty is how you trace him and serve the Petition on him ; for obvious reasons the Courts like to make sure the respondent is at least aware that (s)he is being divorced.
But you''d have that difficulty with five years'' separation anyway, and the longer you wait, the harder it may be to find him, so you have little to lose by doing it now. Sometimes the Court will accept service via the family, friends, or employers of the respondent. I can''t help because no two cases are ever the same. But in principle there should be a way round the problem although, for obvious reasons, it is a complication and you really need to issue the petition and the get the Court''s Directions on the issue of how you go about bringing it to his notice.
LMM

  • DeeCee
  • DeeCee's Avatar Posted by
  • New Member
  • New Member
More
19 Aug 12 #350513 by DeeCee
Reply from DeeCee
Hi there, thanks so much for your reply. Very clear and its given me some ideas. I cant trace him and know he would be difficult re. signing papers anyway, he is that kind of person. But at least I know I should start trying now as opposed to awaiting 5 years separation. Although now Im wondering what would happen if he pretends he doesnt receive/doesnt sign?..or even that, I cannot trace him? Would you have any further advice re. that? Thanks again.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
19 Aug 12 #350520 by LittleMrMike
Reply from LittleMrMike
I am afraid there is no one size fits all answer to this question. No two cases are ever the same.

I think it is is likely that you would have to go before a district judge ( in private ) and tell him/her everything you know about your husband''s whereabouts. St Lucia is, I suspect, not a very big place.

I feel it should be possible to divorce him in the end because it people are determined to avoid service, they will. It might involve a long road before you can convince a Court to dispense with service altogether. But you should be able to do it in the end.

LMM

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
19 Aug 12 #350529 by Fiona
Reply from Fiona
There are special rules for serving papers abroad (see Family Procedure Rules 2010) and if you take all reasonable steps to trace your husband and serve the papers according to the rules the courts may grant a divorce anyway.

  • DeeCee
  • DeeCee's Avatar Posted by
  • New Member
  • New Member
More
20 Aug 12 #350862 by DeeCee
Reply from DeeCee
Hi LMM thanks for info once again. Much appreciated. Guess Ive a good idea of how to start the ball rolling now at least so, Id better get on with it!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.