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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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My share in the house

  • soso
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19 Oct 07 #4901 by soso
Topic started by soso
Hi,
I hold a dual nationality, a british passport and a jordanian one. Me and my husband are married under the jordanian law and under the british law. We have lived togother in UK since 1993 - 2005 , We lived in Jordan togother since August 2005. We have bought a house togother in UK shortly before coming to Jordan, The house in his name as it was a council house and he was living in it before coming to Jordan. We are going through a divorce under the Jordanian Law in the next few weeks. What do I have to do to get the divorce under the British Law and What rights do I have in the house as I had to borrow 5000UKSP from my friend to buy the house.Currently I am a lecturer at Petra University in Amman.

  • mike62
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22 Oct 07 #5110 by mike62
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soso,
I have no idea about Jordanian law, but from your posting I am making the assumption that you were married for 12-15 years. I am also assuming that your marriage was recognised under English law.

If that is the case, then I would guess that you would need to divorce under English law to benefit from the provisions of the law. From what you are saying, you are divorcing under Jordanian law, but want to divorce under British law.

I would guess that you need to instruct a UK solicitor to issue divorce proceedings through a British court. But the divorce papers would need to be served on your husband in Jordan, so you would need a solicitor in both countries.

If you successfully issue proceedings against him, your length of marriage would be sufficient that you would be entitled to 50% or more of the marital assets, which would include the house. If there are dependant children of the marriage in your care, that would probably increase the split of assets in your favour. look up ancillary relief on this site. That is the financial side of the divorce process in England.

But whether you can issue British divorce proceedings before the Jordanian ones commence, I don't know. Did you bring proceedings in Jordan, or did your husband? If you are controlling the Jordanian divorce, could you put it on hold to start the process in England? Probably only a solicitor familiar with the laws of both countries would be able to advise.

Sorry I can't help you much more, but take a look at this link:

www.wikivorce.com/joomla/Step-By-Step-Di...ion-For-Divorce.html

Good luck

Mike

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