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Home Personal Finance

Should I push for a divorce in the UK?

newszabi@gmail.com by newszabi@gmail.com
June 11, 2025
in Personal Finance
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Should I push for a divorce in the UK?
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I used to be born in north-west London and married a Frenchman in France greater than a decade in the past. We have now a younger daughter and are getting divorced after I’ve suffered years of monetary and emotional abuse. My husband, who has been the breadwinner, needs the divorce to happen in France, however I’ve been instructed by pals that it will likely be financially advantageous for me to get divorced within the UK. Recommendation from a lawyer can be a lot appreciated.

Naushaba Awan
Naushaba Awan, affiliate at JMW Solicitors

Naushaba Awan, affiliate within the household legislation workforce at JMW Solicitors in London, says your expertise of monetary and emotional abuse by a partner is unfortunately all too frequent each right here within the UK and in France.

Whereas England recognises that financial and emotional abuse are a type of home abuse, which is enshrined in legislation within the Home Abuse Act 2021, latest case legislation confirms that abuse will have an effect on the monetary settlement on divorce solely within the rarest of circumstances. The present legislation makes it very clear that the monetary proceedings can’t be used as a chance to “punish” the abuser. This can be a advanced space of legislation, so it’s essential to acquire specialist recommendation at an early stage.

Traditionally, the court docket in England and Wales has been seen as extra accommodating than France to the financially weaker partner. For instance, in the event you have been a stay-at-home guardian all through the wedding, whereas your partner financially supported the household, the court docket will typically give equal weight to each contributions. This consists of pensions. Your husband might have accrued a big pension throughout the marriage and, underneath English legislation, you may have an entitlement to share in that pension.

England is a extremely discretionary jurisdiction, however typically in circumstances comparable to yours which contain a medium-length marriage — 10 years or extra together with cohabitation — and there are kids, the events’ housing and earnings wants will take priority. Because of this if marital sources are inadequate to satisfy the divorcing events’ wants, the court docket will draw on non-matrimonial property, which may embody inheritance or property held earlier than the wedding. Equity is the watchword within the English court docket.

In France, the default place is that, within the absence of a prenuptial settlement stating the opposite, the property acquired throughout the marriage might be shared equally on divorce. Pensions can’t be shared. Non-public pension rights might be increased in England than France so it might be that your husband is urgent for divorce in France to keep away from sharing his pension pot. In France this may very well be prevented by securing a lump sum, to “compensate” you for any disparity in pension.

Navigating divorce and the authorized system in a international language might be difficult and as a sufferer of home abuse it’s possible you’ll discover this even more durable. Dependent in your circumstances, England often is the extra advantageous jurisdiction for you however it’s important that you simply acquire recommendation early that’s particular to your state of affairs. Do that sooner somewhat than later — in case your husband information for divorce in France first, the burden might be on you to set out why France ought to decline jurisdiction, and you’ll need to file proceedings in England.

Can I problem my mom’s will?

I’ve heard from one other member of the family that my mom, with whom I’ve a strained relationship, has lately modified her will, has left me out and is leaving the whole lot to my three brothers as a substitute, at their suggestion. Is there something I can do to problem this now?

Jennifer Quick
Jennifer Fast, an affiliate solicitor at Taylor Walton solicitors © Jade Windley

Jennifer Fast, an affiliate solicitor at Taylor Walton solicitors, says will disputes are more and more frequent and discovering {that a} guardian has left you out of their will might be deeply upsetting. 

On this state of affairs, the place your mom continues to be alive, it’s vital to notice that you simply can not problem a will earlier than her dying. A testator is entitled to alter their will at any time offered they’ve testamentary capability, and they don’t seem to be being unduly influenced by others.

In case your relative is right and the need has been modified at your brothers’ suggestion, which may point out some degree of coercion.

Whereas your mom is alive, it might be useful to speak along with her on to get a greater understanding of the explanations behind her determination. There’s a chance she might have been misinformed or pressed into altering her will, and a delicate dialog might encourage her to rethink. If it isn’t doable to make contact, then it is best to collect as a lot proof as doable in case you might want to problem the need after her dying. You will need to hold a file of conversations or messages and some other related proof.

A will could also be contested on a number of authorized grounds, together with lack of capability, undue affect, lack of expertise and fraud or forgery. Should you intend to problem the need after your mom’s dying, it is very important act promptly. Should you search authorized recommendation at an early stage, it is going to enable your solicitor to evaluate the information and proof to find out whether or not you may have grounds to deliver a declare. 

Our subsequent query

I’ve been provided an thrilling new function within the Metropolis however I’m not sure about the perfect timing for my resignation. What elements ought to I contemplate?

Your solicitor might suggest coming into a caveat on the property, which could have the impact of stopping the executors from following the need’s directions whereas its validity is investigated. The opportunity of a settlement ought to at all times be explored early within the course of to ascertain whether or not you’ll be able to attain an settlement with the executors. If an settlement can’t be reached, litigation could also be essential. Nonetheless, your solicitor will be capable to advise you totally on the dangers and advantages of pursuing your problem to the need by means of the courts. 

The opinions on this column are meant for basic info functions solely and shouldn’t be used as an alternative to skilled recommendation. The Monetary Instances Ltd and the authors usually are not chargeable for any direct or oblique end result arising from any reliance positioned on replies, together with any loss, and exclude legal responsibility to the complete extent.

Do you may have a monetary dilemma that you simply’d like FT Cash’s workforce {of professional} specialists to look into? E mail your downside in confidence to money@ft.com



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