Confusedinfrance

The wife is here in France and wants to divorce her husband in the UK. But she also wants to stay in the house hence the huge amount asked for monthly. Unrealistic in my opinion. Unfortunately they don't talk to each other so it is difficult to sort out in a friendly sensible fashion .

InVinoVeritas

IMHO this is the best advice you'll get on this thread because much of the other advice is either out-of-date or quite simply wrong.

InVinoVeritas

As an aside I had lunch yesterday with a friend whose son is a high-flying London divorce lawyer. He took a call from a client at his Dad's last week and his face fell. His Dad asked him if there was a problem.

Yes, Dad, there is - they've bloody settled

Bonnet

The deision as to where procedings can be heard is down to a question of residency.
This is NOT where you live but is about things like where you have bank accounts, property, and how long you have been wherever you are and to some extent, family ties.

I went through this two years ago. We both live in France but filed under British law and it was accepted because we both had British bank accounts, a property and family in GB.

Filing in GB is far kinder on the woman and it is easier bcause you can read all the small print.

The amount a British court allows the Partner in question is after each has filled in a long statement of assets and liabilities plus projected needs. It is very detailed and should be done very carefully (erring on the side of overestimtion) because it can't be changed.

My costs were in the region of 7000 GBPounds.

My ex and I remarried a year later.

petitefrancaise

And that's why this woman needs the advice of an avocat. I'm sorry but you may not know the full story and what is realistic for you may be perfectly feasible with a bit of juggling of funds.

She should consult with at least 2 , more if possible. Avocats who have already done international divorces and also asking around her group of contacts in France that have been divorced and have been at least reasonably happy with the outcome. What's her french like? She should also consult with a couple of lawyers based in the UK before she starts.

dmu

There are several of us suggesting that she does this, so maybe she will....
With knowledge of ALL the facts (both parties' income and assets (is the house jointly owned?), possible dependents, the wife's actual needs,....), one or more Avocats will give an unbiassed opinion on her chances of obtaining the sum mentioned, which is a lot for normal alimony, esp. if she receives a State Pension and isn't penniless, but I presume it's to cover the mortgage payments? From an unbiassed observer's viewpoint, why would the ex-husband want to pay the ex-wife so much money to keep a house which is too big for her?

petitefrancaise

Because they've already agreed on it?

Even French law doesn't particularly care about the details of a divorce if the couple agrees on it and the children are looked after.


And €2500 a month might be a lot to some of us but not to others.

InVinoVeritas

Er, how can they be unbiased if one client is paying their bill and the other isn't?

dmu

I'm only at the consulting stage! Surely an Avocat would advise his client (the wife) whether a sum is reasonable in the circumstances? When it comes to the Court procedure, I agree that he's biassed, as he's acting for her against her future ex.

dmu

Not sure what you mean by the first sentence. From the OP's posts #1 and #16, they haven't agreed on the sum (which is in £££).

Chatter Static

ahem.....

If the party remaining in France is receiving her pension it is safe to say the party should no longer be seeking maintenance for children.

Chatter Static

Bonnet

Ah but now I the owner of my house and chamber d'hote's. La vie est a moi . Ensemble.
Biz!

petitefrancaise

it was a general comment designed to show the attitude of the french courts, not a specific comment on this case.