Posted by
jojojuju
14 yrs ago
My husband is a French citizen, I am British. We got married in HK 15 years ago and have lived here continuously. Now he says, he has already filed for divorce in France. Can he go through with this??? I don't speak French well enough to go through proceedings there and much prefer in a language we both understand.
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Jojojuju, as your husband is a French citizen he can (and has) filed for divorce in France. As you both got married in HK 15 years ago and have lived here continuously, the HK courts would have jurisdiction to hear your divorce here in the event you did apply here. So if you don't want the divorce to be heard in France, what you are going to have to do is engage a lawyer here in HKG to file for divorce here asap, and then simultaneously engage a lawyer in France to apply for a stay of proceedings in France on the basis that you're getting divorced in HG. This will no doubt be an expensive exercise for you I'm sorry to say. But obviously your husband thinks the French courts will be more sympathetic to him.
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Thanks shoe girl, I was worried this would be the case. I'd better get cracking then. Anyone able to give me advice on how to make the divorce cheaper but still insure my 2 children and I can survive here?
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Jojojuju, the only thing which could possibly save you money would be to see if you're eligible for Legal Aid, but that would only be for the proceedings here in Hong Kong.
Have you actually been served with any papers yet? You said your husband has told you he's filed, but have you actually been served with anything yet?If you haven't, you may be able to get in first and file here.
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I have not been served with papers, which is why I wasn't sure if he is bluffing. As I don't know anything about French divorce law and could not really find relevant info searching the net, I was not sure whether the French with their laissez faire attitude actually served papers. My husband tells me the first hearing is at the end of may. But as I say, I have not heard anything.
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Sorry I have no idea how they do things in France. Good luck.
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Hi Shoe girl, thanks so much! I'm wondering if you can help me on this one too: The lawyer I'd like to use is busy until Tuesday. Another lawyer is available tomorrow. My ex leaves on a business trip Friday. Where do I go? Can divorce papers be served same day????
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Jojojuju, I've sent you an email.
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[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
If the proceedings already ACTUALLY DO EXIST elsewhere, you will have to
fight the forum first (the JURISDICTION). You can't start an action IF you
know there is another one in another country otherwise this would be
duplication. If you live in HK you certainly can start an action here but
need to get rid of the action in France: we suggest an initial interview of
HK$2,800 whereat we would lay out your choices and strategy....
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : WeirLaw@weirandassociates.com
www.weirandassociates.com/weirlaw
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