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QUESTION:
My husband and I and our children are
English but we have been living in Sweden for the past couple of years
because of his temporary job transfer to Stockholm. Last week my husband
left us and moved in with his secretary and today he has told me he
wants a divorce. What should I do?
ANSWER:
You must start an English divorce, based on your husband’s
adultery and/or unreasonable behaviour, immediately in order to protect
the financial position of you and the children. If your husband starts
a Swedish divorce first there may be a risk that you will end up with
no maintenance for yourself because Swedish courts tend not to grant
spousal maintenance following divorce. Under European family law legislation
which came into effect throughout the European Union (except Denmark)
in March 2001, the first to issue and serve divorce papers will be able
to finalise the divorce in his or her country of choice.
In international cases it is essential to act quickly
to secure the most favourable divorce jurisdiction because laws vary
considerably between the different countries. With the expansion of
the European Union to 25 members from May 2004 the European divorce
jurisdiction law (known as Brussels II) will affect virtually every
divorcing couple in Europe.
QUESTION:
Getting divorced in London - what does it cost and how long does it
take?
ANSWER:
An uncontested adultery petition issued by the Principal Registry of
the Family Division of the High Court of Justice in London should normally
reach Decree Nisi stage in about three months, with Decree Absolute
six weeks after the date of Decree Nisi. Our charge would be about £1,500.00
(plus United Kingdom value added tax of 17.5 percent, if applicable),
some of which may be recovered from the Respondent.
The divorce can sometimes be done more quickly in
special circumstances, in which case the cost would be greater to cover
the additional documentation and court hearings.
Where the divorce is based on other grounds (for example,
unreasonable behaviour, two years separation with consent of the Respondent,
etc) or where it is contested, or where issues relating to children
and finances need to be resolved, the delay and cost will increase.
QUESTION:
I have heard that I can get a quickie divorce in the Dominican Republic
or Mexico. Is this true?
ANSWER:
Yes and No. Go ahead if you want your divorce to be recognised only
in the Dominican Republic or Mexico and there are no other issues, for
example in relation to children or money, which need to be resolved.
But if you want your divorce to be effective in your home country, for
example, so you can legally sort out related issues or re-marry, it
will probably be better for you to divorce in your home jurisdiction.
Get legal advice on where you should divorce.
QUESTION:
Do I need a pre-marriage or pre-nuptial agreement?
ANSWER:
Some countries virtually mandate a pre-marriage agreement: if you do
not make one yourself the law will impose a marriage regime on you (for
example, in France, Germany, Sweden and some other European countries)
which will regulate your financial rights and obligations during the
marriage and in case of divorce. In common law jurisdictions such as
the United Kingdom, the United States, Canada, Australia and New Zealand
a pre-marriage agreement may be advisable. It should always be considered
where there are international factors in the proposed marriage. General
rule: it is a good idea to get legal advice, before you marry, about
whether you should have a pre-marriage agreement.
QUESTION:
I am living in the United States. How do I sue my ex-husband in Australia
for child maintenance?
ANSWER:
You may not need to. In Australia the Child Support Agency covers Australian
citizen children throughout the world so long as the non-custodial parent
is resident in Australia. However, if the child is not an Australian
citizen or you are not able to use the Child Support Agency for other
reasons it will probably be best for you to sue in Australia. International
Family Law Chambers can initiate proceedings in the Family Court of
Australia for clients living anywhere in the world.
QUESTION:
I am American and my husband is British. We were married in New York
then moved to London where our two children were born. They are dual
citizens. I want to leave the marriage and take my children back to
New York to live. Can my husband stop me?
ANSWER:
Yes (unless you happen to be a professional diplomat covered by the
immunity provisions of the Vienna Convention). You would be committing
a criminal offence if you took the children to the United States to
live without your husband's permission or an English Court Order allowing
you to do this. Even if you succeeded in getting the children out of
the United Kingdom they would probably be returned by the New York Court
pursuant to the Hague Convention on the Civil Aspects of International
Child Abduction. You must get comprehensive legal advice before you
do anything. You can find out more about the Hague Convention at www.hcch.net
QUESTION:
What is collaborative family law?
ANSWER:
This is a new approach to family law brought
over from the USA and pioneered in England by Resolution. Couples, their
lawyers and other professionals work together in roundtable meetings
to negotiate agreements to resolve financial and other issues without
contested Court proceedings. Collaborative family lawyers undergo special
training to develop the skills to negotiate for their clients away from
the court room.
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