Legal Question in Family Law in United Kingdom

overseas divorce

I got married to South african in 2003 in Cape town and have been living in uk since then. My husband says We have to divorce in South africa and I dont agree.He claims that his domicile is SA which I dont agree either as we have been living in UK more than 4 years. We also signed antinuptial contract without accrual system.

Now, I would like to know.Do we really have to divorce in SA?

Also,we have a joint property.Would I be able to claim anything eventhough we have antinuptional contract? (he pays the mortgage but the house is on our both name.

I would be greatfull if you can help me with these questions.

Regards,


Asked on 10/20/07, 5:25 pm

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: overseas divorce

You are now resident in the UK and as such may petition for divorce in the UK Court. The procedure is fully explained in our DIY divorce kit which can be downloaded from our website. You will certainly have a claim upon the jointly owned matrimonial home although what was agreed at the time of your marriage and recorded in a prenuptial contract will be a consideration for the court.

Andrew Dutton

[email protected]

www.legal-zone.co.uk

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Answered on 10/27/07, 9:53 am


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