Back2Blighty

Hi guys

I am calling on your expertise yet again. I returned from Canada after the break down of my marriage, he decided to stay. My question is that we are both UK citizens so how can I divorce him when I am in the UK and he is still overseas? I had a quick look on the justice website but it doesn't help someone in my position.

I want to move on with my life and need to make a new start.

Any advice would be greatly appreciated.

Back2Blighty

KimmyCustard

Is he in agreement with a divorce? If not then as far as I know, you would have to wait 7 years with no contact from him. A divorce is automatically granted by a UK Family Court at that time on the grounds of abandonment. I did this about 20 years ago as my husband didnt want a divorce, no children involved and he wouldnt sign any paperwork so I had to wait.

Editha

If your husband is prepared to co-operate, a divorce should not be any more complicated than it would be if he were in the UK.

But he needs to be prepared to do the paperwork at his end. If not, it gets more complicated.

not2old

Editha, if they were married in the UK would that make a difference or make it simpler, and/or more difficult if one of them lives is in another country?

Could she not simply file for divorce from the UK?

https://www.gov.uk/divorce/grounds-for-divorce

https://www.gov.uk/divorce/file-for-divorce

Editha

Where they were married won't make a difference. She will need to provide proof of the marriage for the court, but a foreign marriage certificate will be fine. She may need to get it certified in the UK, I can't remember, but that's not a big deal.

Yes, she can file for divorce in the UK. Did I suggest something different?

Back2Blighty

Thanks guys, I am presuming he will cooperate as he was the one who had the 'midlife crisis'.

I will take a look at the website links.

Back2Blighty

London1947

Hi Blighty,

This happened to me, however it was in the States. This is what happened to me.

Both my ex wife and I are US/UK Citizens when we lived in Las Vegas my wife said she was going to visit our daughter in Virginia for a couple of weeks which she did, then she said that she is going to visit her family in Bournemouth UK for a month or two. Then she said she wants to stay for Christmas and then she stayed for New Year this was in 2009-2010. Then she informed me that she was staying in the UK and she was renting a small apartment and told me "we are separated John" I didn't see this coming believe me. Long story short I filed for divorce still in the US I retained an attorney and she was served papers in the UK informing her that I was divorcing her on the grounds of desertion and abandonment. And so she retained an attorney in the US from the UK and did it all by phone and email. Then my attorney told me that she was contesting the divorce on the grounds of something that happened nearly 30 years ago. So this went on for about a year attorney fee's for me were about 60K dollars and no doubt the same for her. Anyway in the end we both agreed to have a ( No fault divorce ) which would have cost about 1K Dollars.

My advice if both parties are willing go for the no fault divorce and make sure you get all your ducks in a row. Do keep in mind that in divorce everything is
50-50 even down to bank accounts/ property/ 401K saving accounts with employers and so on...... The point i'm trying to make for you it can be done cheaply. In the US there is no waiting time provided there has been no cohabitation if you know what i mean..

Good luck as it's going to be an emotional roller coaster.

Regards
John

spouse of scouse

No advice to offer about the legal stuff, just wanted to wish you the best of luck as you go through the process. You have a whole new life to look forward to, one in which you get to make all the decisions and choices and be buggered to what anyone else thinks or says! Stay strong and optimistic, you're going to be just fine

Back2Blighty

Thanks guys

All our joint assets have been split 50/50 and I have sole custody or our daughter who lives here in the UK with me. He left us 2 years ago and then I decided to return to the UK so we have been separated all that time which means it should be a no-brainer (a bit like my soon-to-be ex)!!