Divorce
 

If one party lives in France and the other party has been in the UK for 6 years and now a divorce is on the cards. Said Uk resident has paid the mortgage for over 6 years and all the bills on the property despite wife having pension of 750 sterling a month. Never disputed......but now wife wants a divorce and has been told she can apply for a £2,500 per month from husband. Question....if the husband says 'on yer bike' what , if anything' can the French do to make him pay up?

Re: Divorce
 

If the Uk resident doesn't contest it in the French courts the a European Enforcement Order could be used.

Im a little confused as to why maintenance would be paid to someone receiving a pension???

EU – Cross-border maintenance payment (divorce/separation) – Your Europe

https://e-justice.europa.eu/content_...laims-47-en.do

A seasoned Avocat would be the best person to speak to here on the subject as legal advice on the internet is probably as safe as getting neurosurgery done by a chimpanzee.

Re: Divorce
 

Soon to be ex wife says she can't run the large house she is in now on her money and wants 2.500 per month....the house has a large mortgage, way over priced on purchase, and the current valuation here is 180.00 euros. Mortgage on 260,00 euros. So selling is a tricky business. But she keeps saying 'he will have to pay' I am not sure anyone can really make him given that he has met his obligations for over six years. Money in the bank every month and any extras....like washing machine not working brought an extra £300 that month. I am trying to advise but need some surefire advice. French sol been instructed.

Re: Divorce
 

+1
A French Divorce Court Judge will calculate how much the future ex should pay, depending on his own income and the ex-wife's actual needs. An Avocat is best placed to advise....

Re: Divorce
 

I understand that about French Divorce Court but my question was.....if the man says 'no way' and he lives in the UK who is going to make him pay. An English ruling to pay another friend in the UK with 9yr old twins was ignored and nothing was done about it. she was told it would cost upwards of £1,000 to start proceedings against him...and with no money it couldn't be done.So...a big fat nothing.

Re: Divorce
 

Understanding the law is difficult enough in your own country but here it is nigh impossible.

Re: Divorce
 

Personally, I would sell here and go back to the UK, it seems anyone can get a house and benefits and have a good life.

Re: Divorce
 

Who needs this advice, wife in France or husband in UK? This is relevant info for me to offer advice.

Re: Divorce
 

The French ruling could be taken to a British court for endorsement, then enforced in the UK. There is a good chance that won't happen, but it would be better for him to arrange representation on France to try to nip it in the bud, rather than assume the French ruling won't be enforced.

In fact, if he can get the French ruling reduced to a more modest/ reasonable amount, the incentive to invest in court procedings in the UK, to enforce the French ruling, will be reduced too.

Unless things have already kicked off in France, it might be better for the husband to start the divorce procedings in the UK, so the hearings would be on home turf.

Re: Divorce
 

If he has assets in the UK (pensions?) then she should start divorce proceedings there - this can be enforced if necessary in the UK under Uk jurisdiction. If, as you say, hubby has no real assets in France apart from the house which as no cash value right now there's not much point in divorcing in France. Also UK law is much more beneficial to the wife and is much quicker.

Re: Divorce
 

I believe you can only initiate a divorce case where you live. If the wife lives in France she can't start procedings in a country where she does not live.

Re: Divorce
 

not true - there are circumstances where you can initiate divorce proceedings in the UK even if both parties are in france for example but only if the proceedings are started in the UK before France.

Unfortunately, quite a few of my friends have divorced and this particular couple was a difficult one. It came down to a matter of an hour or so difference. The divorce went ahead in the UK and she came out much better because of it. Divorce in France is hard on the women, pension funds are not taken into account if you have stayed at home to look after the kids (should've gone back to work like all the french women!), usually the house must be sold because all financial ties must be broken. No ongoing spousal support (a lump sum which is often not paid in full until years later)....I could go on and on.

Re: Divorce
 

Seems someone reads too much Daily Mail. ;)

Re: Divorce
 

Looks like this is another case where the question has a lot of missing background information. I was unclear as to whether the OP was asking on behalf of the husband who didn't want to pay the £2,500/mth, or on behalf of the wife who wanted to collect that much.

Re: Divorce
 

me too. which was why I asked.

Generally though enforcing payments across borders is difficult and expensive.