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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28158
Experience:  25 years experience of all aspects of family law
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Hi I got married using sharia law in Bangladesh in 2011

Resolved Question:

Hi

I got married using sharia law in Bangladesh in 2011 and then brought my wife to uk as a dependent of me (tier1 general) migrant. Since then I got indefinite leave to remain but didn't change my wife's visa to spouse visa category. Her visa has now expired. My wife complained domestic violence to police a couple times in the meantime but in both cases I was cleared with no further action.

Now I would like to go ahead with the divorce. I would like to know where I need to do this? Is it in Bangladesh or uk? I didn't register my marriage in uk. Also, which steps I need to do legalise the divorce for uk legal system so I can bring my spouse if I get married again in the future.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question.
I shall do my best to assist you but need some further information first.
Where are you both living at present?
Claire
Customer: replied 1 year ago.
We're now living in uk.
Expert:  Clare replied 1 year ago.
Hi
Then the divorce should be issued here in the UK.
There is no requirement to register a marriage here so you can simply issue a Petition base don what you regard as her Unreasonable Behaviour.
Details here
https://www.gov.uk/divorce/overview
I hope that this is of assisatnce to you
Claire
Customer: replied 1 year ago.

Hi Claire

I don't know her address here and where she's living now? Where shall I send the petition to?

Also, as per sharia law that if I divorce her I will need to give her about 8000 pounds. If I file petition do I have to pay this to the court to complete the divorce? Does the court will take into account the financial contract in the sharia law marriage contract to complete this divorce?

Also, how long the process usually takes?
Expert:  Clare replied 1 year ago.
Hi
Have you any idea where she might be - and are there any children involved?
Claire
Customer: replied 1 year ago.
No and no children. She involved police. Can police be contacted for this purpose?
Expert:  Clare replied 1 year ago.
Hi
Has she gone to a refuge?
Does she work or have any families here?
Claire
Customer: replied 1 year ago.
She might have gone to refuge but not sure. She has an uncle here where she lived a few months ago. I know that address.
Expert:  Clare replied 1 year ago.
Hi
Your starting point is to instruct a Process Server to try and trace your ex - if that is not possible then you can ask the court for permission to dispense with service on your ex - possibly on the basis that the papers are sent to her Uncle's address
Claire
Customer: replied 1 year ago.
Okay thanks. But what about the money 8000 pound that I need to give her as per sharia law marriage contract? Is the uk court will ask me to give it to her?
Expert:  Clare replied 1 year ago.
Hi
The UK Court does not deal with Sharia Law.
However within the Divorce Proceedings your ex will be able to make a financial claim on you for either a capital sum or ongoing maintenance
Claire
Customer: replied 1 year ago.
I used sharia law marriage contract to get visa for her when I brought her into uk. So you're saying that this marriage contract now will not be taken into account when uk court deals with my divorce case. Is there any reference to similar cases that you can refer me to, a link or something?
Expert:  Clare replied 1 year ago.
HI
The UK court are not bound by Sharia Law.
The UK family court can make whatever financial order it considers necessary and fair.
If your ex wishes to pursue the matter in a UK Sharia Court then she may do so - but this is a Religious matter and is not enforceable by the UK courts
http://www.lawandreligionuk.com/2013/04/29/sharia-and-the-english-legal-system-the-governments-view/
Claire
Customer: replied 1 year ago.
Thank you. So it also seems I can proceed with the divorce using the sharia council in uk or Bangladesh without involving uk family court since this isn't a civil marriage in uk. My marriage was just sharia marriage.
Expert:  Clare replied 1 year ago.
Hi
I am afraid that if your wish to be able to bring a subsequent spouse to the UK on a spouse Visa you cannot use the Sharia Court in the UK to end the marriage as it will not be recognised as a legal divorce - despite the fact that this was a Sharia marriage
Claire
Customer: replied 1 year ago.
If my ex wife goes back to Bangladesh, say in a month or two, then do I still need to use the uk family court to end the marriage? Or I can end this marriage in Bangladesh court?
Customer: replied 1 year ago.


If my ex wife goes back to Bangladesh, say in a month or two, then do I still need to use the uk family court to end the marriage? Or I can end this marriage in Bangladesh court?
Expert:  Clare replied 1 year ago.
HI
If your ex is resident in Bangladesh when the divorce happens then yes you can deal with the divorce there
Claire
Customer: replied 1 year ago.

Thanks.

Expert:  Clare replied 1 year ago.
Hi
You are welcome - I hope all goes well
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28158
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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