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Old 8th Oct 2007, 11:08
  #13 (permalink)  
dragonflyhkg
 
Join Date: Oct 2006
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Fight One Battle Only

Jack, et al,

Just make sure that you fight one battle only. As an Expat, both you and your partner have the possibility of engaging in legal process within HKG and your other country of citizenship/domicile.

It goes like this; one party files in one country, the other party file in the other applicable country. Let's say its HKG and the UK. The first party files to stay the action in HKG, the second party files to stay the action in the UK. Both Courts consider that they have jurisdiction and deny the application to stay any action. Result; parallel legal proceedings in two different jusridictions, largely cross-purposes, double the costs.

Be aware that in some jurisdictions, e.g. AUS, a financial settlement can be extracted by the legal process without a divorce. If you're in this situation, ensure that the financial settlement is conditional on the subsequent divorce action being conducted in the same jurisdiction. That will at least avoid another swipe at financial issues by the other party.

At the end of the day, you need to secure your relationship with your children. Your divorce and financial settlement may not assist that task. Be ready, and engage legal advice.

M.
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