But, until you have spoken to a solicitor about getting a divorce, telling your spouse or your friends may not always be the best option. In fact, it could have serious consequences for your finances.
Why?
Where in the world your divorce goes through and who files for the divorce can make all the difference to how your financial settlement is decided.
In England and Wales, it makes no difference whether you’re the petitioner or the respondent. If you end up in an English or Welsh court, your finances will be decided in exactly the same way with the same set or rules in either case.
But this may not be the case in other countries. Being the petitioner or the respondent could make all the difference to how much maintenance or property you come away with – or indeed how much property or maintenance your spouse is entitled to from you.
Telling your spouse you’re thinking of getting a divorce (or, indeed, your friends telling your spouse) could give them the head start they need to file for divorce in a different country – probably a country that has beneficial rules for them – potentially impacting what you’ll come away with in the financial settlement.
Just because you were married in one country, it doesn’t mean you’ll get divorced there. International divorce is a hugely complicated area and where you get divorced can have vastly different financial implications for you.
There are many factors that can affect where you can get divorced, including where your marriage took place, if either of you was born outside of England or Wales and whether you own a property abroad.
If you’ve lived some or all of your married life in another country, this could also have implications for where your divorce could take place.
Even the procedures of financial disclosure – where you each disclose your financial situation during the divorce process – can vary greatly between different countries.
All of these factors mean that your financial settlement could look very different depending which country your divorce is processed in.
Telling your spouse before you have sought specialist legal advice could result in your spouse filing for divorce in a country where the rules would mean you could come away with significantly less money or assets than you would have done if your divorce had gone through elsewhere.
Our expert family law solicitors can help you with a range of legal issues relating to fair divorce settlements, including:
For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.
Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:
Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW
Wakefield Office: Market Walk, Wakefield, WF1 1QR
Halifax Office: Old Lane, Halifax, HX3 5WP
Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL
Coventry Office: Warwick Road, Coventry, CV1 2DY
Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB
Please contact us for more details.
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