Client Question:
I married my husband seven years ago in London. He is Mexican and we split up after 2 years when he returned home to Mexico and I didn’t want to follow him. We don’t have children but we do have a house that we jointly purchased in London. I am paying the mortgage but he put up half of the deposit. I have no idea where my husband is now and have decided I should arrange a divorce but don’t know where he is or if he might have a claim on the house?
Brookman’s Answer:
You would be able to petition for divorce in England or Mexico. You would be able to divorce in England on a multitude of different jurisdictional grounds, but principally because your habitual residence is in this country. You would also be able to divorce your husband in Mexico on the basis of his residence in that country. If you started proceedings in England, your husband may be able to assert a claim in respect of the property, but considering that he has not lived there for two years, his claim may be diminished.
If the divorce proceedings take place in Mexico, then the Mexican Court might not be able to deal with the English assets. Even if you do not know where your husband is, you would potentially be able to divorce him in England because, as long as you have shown that you have taken reasonable steps to try and serve him with the Divorce Petition, ultimately if you are unable to, you would be able to dispense with service and divorce in any event. If your husband thinks he has a claim to the property, the longer he leaves it, that claim will weaken.