My ex lives in another country – can I still get divorced in England and Wales?
Certain criteria need to be met to divorce in England and Wales. These criteria are generally based on where each party lives or is domiciled and how long they have lived in England and Wales. If you ex lives abroad, the more common grounds used are:
- That you were both last “habitually resident” in England and Wales and one continues to reside here
- That you are “habitually resident” in England and Wales and have resided here for at least one year immediately before applying for a divorce
- That you are “domiciled” and “habitually resident” in England and Wales and have resided there for at least six months immediately before applying for a divorce
- That you are “domiciled” in England and Wales
The test for whether you are “habitually resident” or “domiciled” for the requisite period of time can be quite fact specific so it is always best to seek legal advice.
If you meet the eligibility and start proceedings here, your ex may start competing proceedings abroad. In those circumstances, the court will consider where is most “convenient” and if the courts where you ex lives are found to be more convenient, it will stop the proceedings here. Convenience is fact specific but by way of example, if all of your assets are located in the country your ex resides in, it may be more convenient to base the proceedings there for ease of enforcing financial orders.
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The Government will allocate £360 million to charities providing key services and supporting vulnerable people during the crisis. £200 million of this amount will be paid to Hospices UK to be distributed to hospices to help increase capacity and give stability to the sector. The remaining amount is to be allocated to:
- St Johns Ambulance to support the NHS
- victims charities, including domestic abuse, to help with potential increase in demand for charities providing these services
- charities supporting vulnerable children, so they can continue delivering services on behalf of local authorities;
- disabled people
- Citizens Advice Bureau to increase the number of staff providing advice during this difficult time
The Government Departments will identify priority recipients, with the aim that these charities will receive money in the form of a cash grant over the next few weeks and by the end of April to assist in paying amongst other costs April’s wage bill.
A separation agreement is a legal agreement entered into by two individuals who have decided to end their romantic relationship and go their separate ways. Parties entering into separation agreements can be married, civil partners or cohabiting couples. The separation agreement sets out the agreed financial arrangements for the period of separation; it does not end the marriage or civil partnership. To end a marriage or civil partnership, a divorce or dissolution is required. It is important to acknowledge that the court’s jurisdiction in financial remedy proceedings on divorce can override the terms of a separation agreement.
Some couples may wish to enter into a separation agreement if they do not wish to divorce for religious, cultural or personal reasons. Alternatively, a separation agreement can be the first step toward divorce proceedings, or it can be used as a test to see if separation is the best thing for the couple.
Separation agreements are usually only appropriate where parties have already separated, or are going to separate in the near future, but do not want to start divorce proceedings straight away. If you would like some advice on whether a separation agreement would be the right thing for you and your partner, our specialist team of family solicitors would be glad to provide some legal advice.
Hosted by NewcastleGateshead Initiative, Partners Damien Charlton and Jane Garvin discussed in this webinar contracts, managing supply chains and the role of directors, with a particular focus on cancellation of events and businesses in the tourism and hospitality sector.
You can find a recording of the webinar from NGI here.
As we all adjust and adapt in line with the Government’s guidance throughout this uncertain time, we must consider how we can revise current processes and implement new ones to maintain effective and compliant ways of working. We have identified several key issues that all housing providers should consider.
Protocol Compliance
Housing providers will continue to receive new disrepair claims. Throughout the disruption caused by coronavirus, landlords will still be expected to respond to these claims and comply with the Pre-Action Protocol for Housing Conditions Claims whilst doing so. We address the issue of disclosure in particular below.
Letters of claim will continue to be sent by post to your Registered Office, and the deadlines will run from the date of deemed service. Ensure you have systems to enable you to scan correspondence and forward it to the responsible officer who will handle the claim so deadlines are met.
Under the Protocol, the deadline for disclosure is 20 working days from deemed service of a letter of claim (2 working days after it is sent). So, for example, a letter dated 2 March 2020 would be deemed served on 4 March 2020 and disclosure would therefore be due by 1 April 2020. All housing providers must continue to comply with the Protocol and so landlords should begin preparing now.
Failure to meet deadlines often result in the issuing of further applications to court by tenant’s solicitors which in turn will lead to unnecessary costs orders against landlords.
Therefore, all records, particularly relating to customer contact and repair logs, should be held electronically. If required, this will allow for such documentation to be redacted for GDPR purposes remotely and disclosed to the tenant’s solicitor simply and efficiently.
Remember it is possible to request an extension to all Protocol deadlines and it is inevitable in these unusual times, this will need to be utilised, and should not be refused. Request extensions to deadlines at the earliest opportunity to enable an achievable timescale. It would be a difficult lawyer that would not agree to such a request.
If your 30-day visa to travel to the UK (vignette) has expired or is about to, you can request a replacement free of charge until the end of 2020 by contacting the Coronavirus Immigration Help Centre. This can be granted with new and extended validity dates to allow travel once you are able to.