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Divorce proceedings involving different nationalities

My brother is looking to divorce his wife. Things are complicated by the fact that although he is a British citizen, she is Vietnamese. They have also been living in Kuwait for the last year and Vietnam the year before that. They married in 2012 in the UK. We are worried that if they get divorced in the UK, will it be valid in Vietnam or say, in 10 years time would she potentially be able to claim maintenance. There are no children or property involved.

Can anyone offer any advice or advice on who to contact.

Comments

  • Kido wrote: »
    My brother is looking to divorce his wife. Things are complicated by the fact that although he is a British citizen, she is Vietnamese. They have also been living in Kuwait for the last year and Vietnam the year before that. They married in 2012 in the UK. We are worried that if they get divorced in the UK, will it be valid in Vietnam or say, in 10 years time would she potentially be able to claim maintenance. There are no children or property involved.

    Can anyone offer any advice or advice on who to contact.

    A solicitor.

    But if they get divorced in one country, this is usually binding. Is he planning on living in either Kuwait or Vietnam again?
  • Kido
    Kido Posts: 473 Forumite
    My brother has consulted a solicitor who is drawing up divorce papers. It was just on the disclaimer it was talking about the divorce potentially not being binding in another country.

    He is going back to live in Kuwait in August for another year - without his wife as she has no legal right to be in Kuwait.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kido wrote: »
    My brother has consulted a solicitor who is drawing up divorce papers. It was just on the disclaimer it was talking about the divorce potentially not being binding in another country.

    He could ask for advice from the Vietnamese embassy.
  • lea2012
    lea2012 Posts: 736 Forumite
    Part of the Furniture 500 Posts
    I lived in Turkey for several years and went on to marry a Turkish national in Turkey. Years down the line we got divorced. We had recently moved back to the UK and therefore proceedings were brought about in the UK.
    The divorce was finalised in 2009 and we did not carry out any proceedings in Turkey. We are both free to re-marry should we wish, however neither of us get married again in Turkey again until we divorce in Turkey.
    As I have no intention of re-marrying in Turkey the situation at present is fine with me. I am getting married again to a British National later this year ( in Corfu Greece) and have already got all the necessary paperwork allowing me to re-marry either in the UK or anywhere but Turkey! The same goes for my ex husband, if he wishes to re-marry in Turkey he won't be able too. I see this as more of a problem for him than me so when he needs to he can start proceedings over there and I will press ahead.
    Lea :confused:
  • Kido
    Kido Posts: 473 Forumite
    As we think (or know) my brother's wife is going to make things difficult (she's currently in the country on a tourist visa staying with friends but that is for a limited time) we were wondering if it's possible for a 3rd party (private investigator or bailiff) to serve the divorce petition on her. I read that the courts will serve it on her but only after she fails to respond.
  • toniq
    toniq Posts: 29,340 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I divorced my American hubby via Uk courts, even though we married in the States. It is legally binding. I did get a sheriff to serve papers over there as he was refusing to respond,We had been seperated over 12 years.

    Ask the courts if that will be okay to get a private firm in to serve them, the court baliffs and notoriously slow.
    #JusticeForGrenfell
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