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Family lawyers and divorce solicitors in Nottingham Rosleys Solicitors is regarded as one of the leading specialist Family Lawyers and Divorce Solicitors in Nottingham. John Rosley who was until June 2011 a partner in Rosleys Solicitors has been a longstanding member of Resolution and was regularly recommended by Divorce Aid. John Rosley retired from the partnership in June 2011. Any referrals made by Divorce Aid are made entirely on merit.We are family solicitors and divorce lawyers and financial settlements specialists. Please browse our family law pages on divorce, financial settlements, children, unmarried couples, expat divorce, civil partnerships.
International Divorce and Forum Shopping
Forum Shopping " & why you may be interested......An Australian example.....
Its all about money nothing more or less. That is the only rational reason for selecting what may be a geographically much
less convenient country in which to be divorced. As Australian and English lawyers practicing in England we recognise that
UK divorce law is primitive, paternalistic and still embued with Victorian attitudes particularly when it comes to financial
provision and financial settlements. The result of those old fashioned values is that UK courts are likely to be very much
more generous to the economically less advantaged party (usually the wife), than an Australian court dealing with a
comparable situation. The difference between outcomes in different jurisdictions can be remarkably large.
Not everyone has the advantage of being able to select the country in which to be divorced. To establish UK jurisdiction
at least one of the parties must have a close connection with the UK. Expats living in any country who are British Domiciles
can Divorce in England. An explanation of the concept of " Domicile " follows later. Expats often find themselves in a race
between husband and wife to issue in the country of their respective choices.
Australian divorce law as codified in the Australian Family Law Act 1975 presents Uk expats in Australia with a twelve month
window of opportunity. In Australia we have a progressive and civilised divorce law in which spouses do not need to look
for fault or recite a litany of sins committed by the other party. All that is required is to establish that the marriage has
irretrievably broken down and this is proved by twelve months separation. There is an absolute prohibition on lodging an
application for divorce before those twelve months have passed.
English divorce law has not yet progressed to this civilised " no fault " system. We still have various grounds on which
divorce can be obtained including, for our present example, " unreasonable behaviour ". We'll come back to this later.
The point is that there is no compulsory waiting time before a petition for divorce can be presented to an English Divorce
Court. The whole process can be completed long before an application for divorce can be made in Australia but we must
stress that the reason for proceeding in the UK is in almost every case financial advantage rather than a wish to expedite
the decree of divorce.
Domicile...this is the usual basis on which English Divorce jurisdiction is established. Domicile is not Residence or
Citizenship. Everyone has a Domicile at birth, usually the country of birth. That is a legal status that will follow that person
throughout life and continues until that Domicile is abandoned by the adoption of a new Domicile. This only happens when
the person arrives in a country intending to remain there for the remainder of life and not to return to the country of
origin.....that is a reasonable definition of Domicile.
Unreasonable behaviour....Australian law has abandoned such concepts long ago. The matters complained of do not need
to be extreme, perhaps not even serious and certainly not offensive to the person against whom the complaint is made.
It is a " peg " on which to hang a Divorce Petition. British family lawyers and judges who are obliged to work in this
outdated system are well aware that this law is a farce and many of the allegations of unreasonable behaviour are little
more than creative writing. It is a Divorce law that is long overdue for reform but we have been waiting a very long
time and this Divoce law is still with us.
The selection of the Divorce Jurisdiction is an extremely important decision. To discuss this please phone us in UK office
hours on +44 115 9580584 or on our local Sydney number (02) 80050944
On 1st June 2011 Rosleys Solicitors amalgamated with Challinors Solicitors a long established and very substantial firm with offices throughout the Midlands. Upon the firms Amalgamation John Rosley retired from the partnership in Rosleys Solicitors but remined until August 2011 as a Consultant to Challinors.As a result of the huge expansion of the specialties now available within the newly merged team we can now offer a broad range of services to meet the needs of virtually any client and deal with virtually any legal issue.Please refer to our page headed The Firm for an introduction to the team leaders.
• Family Law
• Property Conveyancing ( at fixed fees )
• Wills and Probate
Our Nottingham Divorce Solicitors and Family Lawyers have experience in matrimonial separation, divorce financial settlements, property disputes between unmarried couples, international divorce, childrens issues including residence and contact issues, Parental Alienation cases, international movement of children and international child abduction. We follow Resolution protocol and Divorce Aid ethical principles.
John Rosley is a Family and Divorce Lawyer with 26 years experience in International Family Law having qualified as a solicitor in New South Wales, Australia. John specialises in International Family Law and English expatriate Divorce conducting Divorces for British and Non-British Expat clients all over the world. To see our Expat Divorce page click on the link below .
Recent International Divorce cases include Australia, USA, Phillipines, Malaysia, Hong Kong, Dubai, UAE, Middle East,Poland , Latvia, Spain to name a few.
Routine cases include English Divorce or Separation with Financial Settlements, International Divorce including in particular Australian Divorce or Child Custody or Australian Family Law generally, International Relocation of Children, International Child Abduction, All English Family Law issues.
The Family Law Firm or Expat Divorce or our Family Law pages. Look at our Family law page (Financial Settlements) for more details.
Mediation is now not only recognised as the first option for sensible non-adversarial dispute resolution but is a requirement in legislation as a preliminary process that every intending litigant must explore before issuing family proceedings in the courts.Please refer to our Mediation page for more details.
Contact with children and a special section on Parental Alienation / The Parental Alienation Syndrome ( PAS )....see our page on Family Law... Children
For Light Relief See our Blog.
Look at our Property page for details of Conveyancing charges.
Browse our web pages and then why not telephone us or contact Claire McLeod by email. You will usually receive a personal response on the same day or telephone: +44 115 958 0584.
If you like our website please tell us. If we can improve we also need to know.
Solicitors in Nottingham | Family Law Firm | Family Divorce Lawyers | Financial Settlements | UK | International Divorce & Family Lawyers | Forum Shopping | Divorce Forum |Family Mediation | Nottingham Mediation| Australian Divorce & Family Lawyers | English & International Family Lawyers | Divorce Solicitors UK