Can I do my divorce myself to save money?
Yes, you can. Just contact your local Court and ask them what you need to do. However, the divorce itself is usually not the problem. Consider whether you need help resolving the financial issues between you and your spouse and whether it is advisable to obtain a (clean break) consent order. Please contact us to discuss whether you need help or not.
Question (International Divorce):
My wife does not answer my calls and I do not know where she is. How can I divorce her?
We will help you by issuing divorce proceedings on your behalf. We will also obtain an order for substituted service that will allow us to serve your wife in different ways, say by email. See also Case Studies.
Question (International Divorce):
Where shall I divorce my spouse?
You may be able to divorce your spouse in more than one country. Consider where the assets are, whether you speak the language of the country in question, what the laws of the country in question are etc. Please obtain advice before you take action and do so as early as you can. See also Case Studies.
Question (Children Issues):
I wish to return to my home country of Germany with our two children after the breakdown of our relationship. What do I need to do?
Please seek legal advice. Are you and your husband married? If not, does the father of your children have parental responsibility for your children (together with you?) If so, you need your husband’s/partner’s consent before you can take the children to Germany. If you do not have the consent of your husband/partner then you may need to negotiate and/or start court proceedings to obtain the Court’s permission to take the children to Germany.
Question (Financial Issues):
I wish to get a divorce from my husband but I am sure that he has hidden assets. How will I find out where they are?
We can start both divorce and financial proceedings on your behalf. Your husband (and you) will be required to disclose all assets in the course of these proceedings and to swear that what has been disclosed is the truth. If you think that your husband has not disclosed everything then we are entitled to ask him specific questions. In complex cases it is sometimes useful to involve experts to find hidden assets.
Question (Collaborative Law):
What is Collaborative Law?
Collaborative Law was started by a lawyer in Minnesota in 1990. His name was Stu Webb. He had been practising law, and in particular family law, for many, many years and had become very disillusioned with the Court process. He felt that the Court process in general was not good for a family as such and that there had to be a better way. He spoke to a few of his colleagues and a Judge and they started to develop a different system. Their aim was to resolve disputes without going to Court. And indeed, nowadays both parties sign an agreement at the outset agreeing that they will not go to Court. If they later do, they have to instruct new lawyers and start the whole process again. At the end of his first 12 months as a Collaborative lawyer, Stu had completed approximately 99 cases through this process. Only 4 of those had failed to settle.
Question (Pre-nuptial agreement):
I wish to marry my fiancé but I have much more money than she has and I am earning a lot more. She is against signing a pre-nuptial agreement.
You are in a difficult situation, however, you should seek our advice. It is often possible to negotiate and draft pre-nuptial agreements that both parties end up being happy with.
Wie hoch sind Anwaltskosten in England im allgemeinen?
Englische Anwälte, und zwar sowohl Solicitor als auch Barrister, rechnen nach Stundensätzen ab. Je höher der Stundensatz und je grösser der Zeitaufwand, den der Anwalt auf den Fall verwendet, desto höher die Anwaltsrechnung.
Was ist der Unterschied zwischen einem Solicitor und einem Barrister?
Beides sind Anwälte. Der Solicitor ist der Anwalt, den der Mandant beauftragt und der den Fall im allgemeinen bearbeitet und vorantreibt. Der Barrister wird vom Solicitor beauftragt, wenn ein wichtiger Gerichtstermin bevorsteht. Er trägt den Fall dem Gericht vor und verhandelt.
Sowohl mein Mann als auch ich sind Deutsche Staatsangehörige. Wird das englische Gericht deshalb Deutsches Recht anwenden?
Nein. Englische Gerichte wenden bisland ausschliesslich Englisches Recht an.