Coops13 Posted March 8, 2016 Share Posted March 8, 2016 Evening all.... Just wondering if anyone has any experience of divorcing or organising a financial settlement when the other person is living in the UK. Short version of the situation is as follows..... Moved to Australia in 2011. Separated from my wife in Sept 2014. She is now living and working in the UK. I am living and working in Australia. Both children (15 and 11 years old) live with me. (Court Orders in place) We have property in the UK and Australia. I don't care about a divorce but I do want to start on the road to financial separation and am looking into whether I should instruct a UK lawyer or use an Australian/International firm to go through this process. I would like to think it could be amicable and will start down that route but previous history would suggest it is not likely. Anyone have any experience or recommendations...? The other area of interest is Child Support. She refuses to pay anything towards the children's care despite being employed as a Teacher. My believe is she thinks that the money she spends on flights to see the children is in lieu of child support which is ridiculous as it was her decision to move to the UK.....the children were not taken away from her The CSA in Australia have accepted my case and arrears have started to accrue, however, the calculations are still based on her income being zero. Does anyone have any experience of chasing a partner who is based in the UK and how successful the CSA are at enforcing things. Lots to find out and thought this might be a good place to start. Thanks in advance Link to comment Share on other sites More sharing options...
Racmac Posted March 8, 2016 Share Posted March 8, 2016 I'm not experienced in international divorce but I think you can start divorce proceedings in whichever country you like, I have a feeling that it won't make much difference financially in the end but you ought to get some advice from a solicitor in aus. i think that if you have child maintenance order in aus you can enforce it but I don't know if that would be through csa. Although please note csa don't exist any more, it's been replaced with child maintenance service. Cms only have jurisdiction for child living in uk and given how shocking they are at dealing with parents in uk id say you have no hope! you may need to get a court order in aus and then apply to enforce in uk thought the court system who have jurisdiction when cms don't. Link to comment Share on other sites More sharing options...
Sammy1 Posted March 8, 2016 Share Posted March 8, 2016 As far as CSA Australia is concerned, good luck with that. They are shocking at collecting anything here, let alone overseas. Link to comment Share on other sites More sharing options...
JEM44 Posted March 8, 2016 Share Posted March 8, 2016 Hi, I'm not in the same situation as we are about to emigrate to Aus in May. I have a court order in the UK to cover us when we move for maintenance as the day we leave the UK the CSA or now the CMS no longer have jurisdiction. If if you get a maintenance order it needs to be at court and enforcement will be through REMO a reciprocal enforcement organisation for these cases. Not sure if you need to go to court in the UK though to asses her earnings. If you do, it is under Schedule 1 of the Children's Act. I am am awaiting advice from the Law school at Liverpool University about how I enforce through REMO assuming my kids dad does not pay. I can let you know what their advice is. As as this is an unusual situation I couldn't find a solicitor with experience in the area so went to the university where 3rd year students practice on interesting clients and do all the research you need, and it's free! You could maybe see if anything similar exists in Aus that could help. Good luck. Laura Link to comment Share on other sites More sharing options...
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