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Question on divorce proceedings in UK or Abroad

  • StunnedDad
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29 Mar 16 #476102 by StunnedDad
Topic started by StunnedDad
We have been married for 15 years and have 2 young kids. We are both citizens of UK(acquired it about 10 years ago) now though we are from different countries(not UK). My wife is from Poland where the wedding happened and a marriage certificate exists. We have lived in UK for 16 years together though.

Would it be beneficial for me to fight her in Poland compared to UK. As there was cheating on her part which is the reason for this divorce am keen to understand the legal rights and best outcome for fighting in UK or Poland.

Am keen to understand before engaging in a solicitor. Can anyone advice. Happy to clarify if you need more information. Also are there Polish lawyers who can advice for both UK and Poland.

  • rubytuesday
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29 Mar 16 #476103 by rubytuesday
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If you have lived here as a married couple and your family home is here then it would make sense to divorce under English/Welsh law.

You would first of all need to establish which country has jurisdiction over the divorce proceedings (and any ancillary relief/child arrangement matters); I can''t advise on Polish law but given the information you have in your post, I would be confident that the correct jurisdiction would be England/Wales rather than Poland.

The "grounds" for divorce - the reason why a marriage ends usually has no bearing on the division of marital assets and child arrangements. Finances are divided on a needs basis, and child arrangements are what is best for the child.

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29 Mar 16 #476113 by StunnedDad
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Thank you for the reply.

Am being told adultery is treated more favourably by Polish courts. Hence the question. Its not really about custody, as they are likely to go 50-50. Can someone advice on the treatment of adultery by the courts in Poland.

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29 Mar 16 #476115 by rubytuesday
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I doubt very much if anyone on Wikivorce has an indepth knowledge of Polish family law - you would really need to establish if Poland is the correct jurisdiction under which to begin proceedings and to do that you would need to make an appointment with a solicitor who practices both E/W and Polish family law.

It doesn''t matter where you got married, the fact is that you are both British citizens and have lived here for more than a decade s a married couple.

You ask if it would be beneficial to you "to fight her in Poland compared to UK" - I can understand you are hurt and feel betrayed by your wife''s actions. but the more conflict one tries to introduce into an already stressful situation the worse life will be for everyone.

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