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Divorce valid?

Posted by rak123 
Divorce valid?
August 17, 2020 02:17PM
I have been married for 4 years, no kids. I am a British citizen and my husband is from outside EU in India. We married in India and he lived with me for 2 years in UK and since then we have been separated with him being in India.

We have been separated for just under 2 years with him being in home country since our separation. I was also abroad for 5 months of the last 12 months and going to relocate to another EU country very soon - this was held up due to covid.

However my spouse has now initiated divorce proceedings in the UK.

I wanted to understand if there is a valid jurisdiction here? The only one I believe is with me being a habitual resident of the UK. But if 1.) I am relocating out of the UK in a matter of weeks (this would have been earlier if it was not for covid) and 2.) I was out of UK for 5 months of the last 12 months - are there any grounds for the divorce proceedings to go ahead in the UK on the basis of me being a habitual resident?
Can I ask the court to quash his petition? His Indian solicitor previously contacted me saying he wants to divorce in India and I had acknowleged giving my consent for a divorce in India, however he has changed his mind and has suddenly issued a petition in the UK - again this fact has also been witheld from the court that he and his Indian solicitor sent a letter to me for a divorce in India (no court proceedings were started, just his solicitor letter to me).

Appreciate any help
Re: Divorce valid?
August 17, 2020 04:44PM
You are habitually resident in the UK and therefore your husband is entitled to issue a divorce petition in the UK. He is not obliged to obtain a divorce in India if he has a choice of jurisdiction. Since he did not actually issue a divorce petition in India nothing has been 'withheld' from the courts here.

You can be habitually resident somewhere without necessarily having lived there continuously for the last 12 months. The date for jurisdiction is determined on the day the divorce petition is issued so if you were habitually resident in the UK on the day it was issued it would not matter from the point of view of jurisdiction if you moved permanently to another country the following day.
Re: Divorce valid?
August 17, 2020 07:46PM
I see, thanks David - the last line in your reply was exactly what I was looking for to confirm.
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