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a french court order and applying this in the uk can you help? divorce issue


Blade
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mum has been left in poverty after the husband abandoned her. she is in france (having lived years in the uk). her case has been in the french courts for at least 6 years. anyway her x has been living on good pensions whilst she cashed in the past to help him out by cashing in on some policies etc. to cut a long story short, one of his private pensions which pays an annuity are saying that a french court order cannot be applied in an english court. i find this hard to be believe. Could anyone help us with this? thanks in advance.

 

in a uk forum i also use this is one reply have had:

 

"The best thing to do is to consult a solicitor who is a specialist on pension sharing orders in the UK or contacting a french solicitor who can tell you whtehr or not the order is enforceable outside of France.

As a thought, if they're arguing that a french ruling cant be applied here, why not try for a pension sharing order to be issued within the UK ? Might be worth talking to a solicitor about that option aswell.

 

Does she know that she can also apply for a sharing order to be issued on his UK State Pension ?"

 

could anyone also enlighten me on the above. she is on low income in france and is worried all this is going to be costly. because on the equivalent of french legal help no one wanted to help her she has had to pay for solicitors. can anyone help? could she do this via a french solicitor? also we have found that french solicitors dont know how to do things with uk? any useful contacts with be great. we are based in the LOt 46. thanks in advance.

 

 

 
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Article 26 of the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters requires all EC Member States to recognise and enforce the Judgments of other Member States.

There are a few exceptions such as "contrary to public policy", "irreconciable with another Judgment", "Lack of Jurisdiction to make the Judgment" etc.

You must firstly get leave to register the foreign Judgment by application to the Central Office of the Queens Bench Division of the High Court - (sounds grand but just call them and they will no doubt help).

After you have leave to register, you must register!!!! - Do this by giving Notice and serving various documents.

After it is registered, you can use the normal English Courts to enforce.

 

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