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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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i am married to a lady in morrocco, have not applied for her

Resolved Question:

i am married to a lady in morrocco, have not applied for her visa as she has not sat in english test.we went through legal marriage procedure in morrocco with some legal documents supplied from uk.Now i am divorcing her for personal reasons. what are the legal implication on me in uk? Can she make any legal,financial claim on me at this stage?how a divorce at this stage will effect me for marriage in future?Pls advice.Yunus.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi. when did you marry?

Customer:

last feb 2012

Customer:

yes

Customer:

where u?

Customer:

how come u are showing offline,awaiting yr answer pls..

Customer:

hey ,where are U?

Customer:

I have paid £33, and hardly any anwers from you..you are offline without even advising me wheather you going to come bk to answer my questions or you will email me. i am not happy.can you pls reply to my email XXXXX@XXXXXX.XXX

INC :

Hi

INC :

Was having PC issues

Customer:

still no answer...it was saying wait down loading but nothing down loaded yet

INC :

Have you ever lived together as a married couple?

INC :

Where are you thinking of applying for the Divorce?

Customer:

i went for 10 days in march 2012 for walimah (liek honey moon),i went last week for 3 days but no physical,emotional or mental relationship,did not even touched her as i knew there was no compatibility , this i suspected since march..

INC :

Ok. So you have not consummated the marriage?

Customer:

islamicaaly i jsut have to say on phone or email or letter saying i divorce you, but i dont knwo what is the uk legal procedure...do i need to go through uk legal procedure? what if she does not sing divorce papers

Customer:

in march i spent 7days with her,consummated you can say but since than not physical relationship,

INC :

You have two options in respect of the divorce. 1. Issue divorce proceedings in Morocco. 2. Issue for Divorce in the UK

INC :

Option 1: If you divorce in Morocco, and I am not sure whether this is possible, you will need to obtain a Talak from the Moroccan Courts. With regard to the division of any assets, this would be subject to Moroccan or Shariah Law.

Customer:

how do i proceeds in any country? which one is easy.. what if she does not agree to divorce?

Customer:

i know according to sharia law she is entitled to amount called ' Maher' which husband has to pay when nikkah is done which i have paid her.

INC :

Option 2: Issue divorce proceedings in the UK. The division of any assets would be subject to the general starting point of 50/50, however, this is just a starting point and the division would give consideration to: XXXXX XXXXX of the marriage, the financial circumstances of each party, whether there are any children etc..

INC :

The problem with issuing a divorce in the UK is the length of time it will take due to the other party being situated in another jurisdiction. All documents will have to be posted internationally and the process will take some time.

INC :

Also, as you have rightly pointed out, she may not sign any documents. This will not stop you from getting a divorce as the Court will still generally grant one if the other party persistently fails to sign

Customer:

how can she have any claim to my any kind of assets in uk like bank account, when she has not been even applied to come to uk and we dont know if uk immigration will gv her visa on marrige ground without first being convinced it is genuine marriage

INC :

With regard to the payment of Maher, if you have already done this, then under Shariah Law you do not have to make any further contributions

Customer:

i have nikkah form which i sin arabic ,but i have to yet get it translated in english....in sharia law she does not have right over any of my assets except Maher amount which i have already paid her.

INC :

I am providing you with the general process. In your case, I would be surprised if she did have any such claim on your assets due to the circumstances of the marriage, however, this is the general starting point when the courts look at the division of assets.

INC :

It sounds to me that it may be simpler for you to Divorce in Morocco, based on the information that you have provided

Customer:

but problem is hwat if hse uses morroccan law or in uk law if she had right to apply uk divorce law to get money out of me

INC :

Which jurisdictions law gover the process of the divorce will depend on where you decide to issue proceedings.

INC :

I cannot advise you on Moroccan Law but can provide general information on the UK procedure.

INC :

Where you decide to issue divorce proceedings is ultimately your decision

Customer:

how do i use uk law of divorce and how long will it take...bec in this case if jsut dont apply for her vis once i have given her islamic divorce which at first i will of course try to do with mutual udnerstanding,but she she goes awakard and she want to use any law to get at me than what is my way out

INC :

If you have not yet applied for her Visa it would definitely be easier for you to Divorce in Morocco.

Customer:

once i gv her divorce islamically she is out of my nikkah so she cannot live with me but it is all about if the family wants to put me in difficult situation though they know i will be no more her husband

INC :

If you decide to issue proceedings in the UK, it will take at least 6 months, maybe a lot longer considering she is based in Morocco.

Customer:

why longer than 6 months if i follow uk proceedings

INC :

I understand what you are saying, but you will still need to obtain a Divorce if the marriage is registered in Morocco.

INC :

Because she is based abroad.

Customer:

ok ,but what if she does not agree to divorce thru morroccan procceediings?

INC :

I cannot answer that question as I am not familiar with moroccan law.

INC :

However, if moroccan law is based in shariah, then I do not see any problems in you obtaining a divorce in morocco.

Customer:

in that case will it not be easier to get divorced thru uk law? hoe do i apply for divorce in uk?

INC :

You will need to file a peteition with your local county court

INC :

You can get a divorce if you have been married at least a year and your relationship has irretrievably (permanently) broken down.

INC :

You must have a marriage that is legally recognised in the UK, and have a permanent home in England or Wales.

INC :

And herein lies the problem, I do not think that your marriage has a permanent home in england & wales

Customer:

I do have a permanent home in england as I am a british citizen

Customer:

however, i havent been married longer then a year as i was married end of january 2012

INC :

ok. the second point then causes a problem as you have not been married for a year

INC :

What you can possibly do is apply for an Annulment of the marriage

INC :

Annulment is a declaration by the court that a marriage was not legally valid or had become legally invalid.

INC :

If the marriage hasn’t been ‘consummated’ (you haven’t had sex with the person you married since the wedding), either because one of you chooses not to or is not physically capable, then the court may grant an annulment

Customer:

so I can apply for an annulment and aplly for divorce by the end of january, or will the annulment clear the entire marriage preventing her rights over my assets?

INC :

The annulment will declare the marriage invalid.

INC :

You must apply to the court to annul the marriage by presenting a 'Nullity Petition' within a reasonable period of time, and in many cases this will be within three years of the marriage. There is no requirement to have been married for 12 months before applying.

Customer:

I have slept with her on our honeymoon in march for 7days only and since then i was incapable on medical grounds

INC :

Therefore you have consummated the marriage

Customer:

yes i have

Customer:

but i havent slept with her since march

INC :

does not matter. the marriage has been consummated

INC :

Therefore, you will have to divorce.

INC :

Where you choose to do so, is your choice.

INC :

I am still at work and have to leave now.

Customer:

ok so applying for a divorce is the best case

INC :
INC :

Yes.

INC :
Customer:

very well

Customer:

thank you

INC :

Please also remember to leave feedback.

INC, Solicitor-Advocate
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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