Divorce
#1
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From: Normandy











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?
#2
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?
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.
Last edited by Chatter Static; Aug 13th 2015 at 5:21 am.
#3
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Posts: 66
From: Normandy











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.
#5
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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.
#6
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Understanding the law is difficult enough in your own country but here it is nigh impossible.
#7
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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.
#8
Who needs this advice, wife in France or husband in UK? This is relevant info for me to offer advice.
#9
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.
Last edited by Pulaski; Aug 13th 2015 at 8:39 am.
#10
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.
#12
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.
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.
#14
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.
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.
#15
Generally though enforcing payments across borders is difficult and expensive.



