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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a UK national and married to a Nigerian national 5 years

Resolved Question:

I am a UK national and married to a Nigerian national 5 years agon in Nigeria, living in the UK. We did this to make the application for a husband visa easier than applying for a COA at the time. We seperated 9 months ago. How do I apply for a divorce in the UK? I have never registered our marriage anywhere with the exception on his application for the spousal visa, which was granted.

thank you.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

Was the marriage recognised as a legal form of marriage in Nigeria?

Where is your wife?

Has she committed adultery?

Tom
Customer: replied 1 year ago.


Tom,


 


Yes i believe that we were married in a recognised government (federal) location.


 


Both my husband and i reside in the UK. He now has ILR to remain in the UK.


 


There was no adultury but my grounds for seperation are unreasonable behaviour.


 


Regards,


Mhairi

Expert:  Thomas replied 1 year ago.
Hi,

I'm out for the evening. May I answer tomorrow?

Tom
Customer: replied 1 year ago.
Yes no problem. Thank you
Expert:  Thomas replied 1 year ago.
Thanks, XXXXX XXXXX in the morning.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you do not wish to separate and then wait for two years to divorce with her consent, or wait for 5 years and divorce without her consent then your only option is to petition on the basis of his unreasonable behavior if she has not been adulterous.

For this, You would have to list 5-6 examples of her unreasonable behaviour towards you. The should mostly be related to her most recent behaviour and it can be things like not speaking to you, providing you with emotional support, verbal (eg. Nagging, insults etc) or physical abuse, unwillingness to engage in typical things that married people do (socialising, eating together, planning practical matters together), not contributing towards the expenses of accommodating yourself and the children, not engaging in physical affection, not helping you with children (if you have residence of them).

Typically, it is best to list each examples in the following order
1) First occurrence
2) Worst Occrrence
3) Most Recent.

There is lots of useful advice for lay persons considering divorce here:-
http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/index.htm
You should consider mediation, where an impartial family practitioner will arbitrate between you both in order to attempt to achieve your separation/divorce in the most amicable way possible.
You can ask a solicitor to draft the petition for you, or you can do it yourself. If neither of you instruct solicitors then the judge will likely ask that you attend court to check that you are both aware of the implications of your divorce.
If you wish to draft and submit the divorce petition yourself then you can learn how to do so here:-
https://www.gov.uk/divorce

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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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