Your Local Community Magazine
Page 8 Expats and divorce in England, part 1
My recent experiences of several divorce cases which involved expats divorcing in the English Courts served as a useful ‘refresher’ in the issues that face expats involved in Court proceedings in England.
First, before beginning any Court proceedings in England, remember that at some point, and possibly more than once, you will have to attend Court in person. This will involve the physical effort in making the trip, the cost of travel and accommodation, and possibly child care or boarding for your pets. Remember that Court schedules can change at short notice, so you may have to consider paying extra
for
reservations that can either be amended or cancelled.
Second, the legal costs. To issue any kind of Court action in England there are now substantial Court fees which must be paid. There were substantial increases in English Court fees in April this year, and further increases are in the pipeline. The cost of issuing divorce proceedings is now £410.00 and is expected to rise to £550.00 and the cost of issuing a claim for a financial order is now £255.00, add to this miscellaneous Court fees for making applications as the case progresses, and fees even for making orders which are agreed by your ex. If you cannot afford the fees there is a complex procedure for applying to be relieved of the fees; your entitlement is means-tested, and you must apply each time you are required to pay a fee.
Third, if you are applying for any kind of financial order and you have a bank account or property outside the UK you will have pay the cost of having bank statements, escrituras for property, mortgage deeds, tax statements, valuations by official valuers, etc. translated into English by official translators.
The advantages in using the English courts are, familiarity with culture and procedures, a perception that in certain types of case Claimants can get a better outcome than in other countries, the speed at which cases proceed relative to other countries, and the robust case management regime.
Before beginning Court proceedings of any kind in England contact Ana Gay at Linkpoint Legal in Spain on 966 260 500
anagay@linkpointlegal.com or Michael Olmer at Clapham & Collinge Solicitors in England on +44 (0) 1603 693592
mo@clapham-collinge.co.uk.
Female Focus
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