Ask an UK Law Question, Get an Answer ASAP!
How do you propose to petition your wife for divorce?
dont know yet just want to know what rights she has here
There was no need to accept at that early stage in the chat - I had not answered your question yet!
If you divorce then her visa will be curtailed and she will be asked to leave the country. At the point of curtailment she will no longer have a legal leave to remain here.
If you have consummated the marriage and have not been married for a year then you must wait until you have been married for one year before petitioning for divorce - this is a legal requirement.
If have not been separated for two years then you cannot petition on the basis of separation. This means you would have to petition on the grounds of either adultery or unreasonable behaviour.
You can still be "separated" but still living under the same roof if your shared domestic life is at an end.There is lots of useful information about divorce available for lay persons considering divorcing on Her Majesty's Courts Service website:-
You should consider instructing a divorce lawyer anyway, but particularly if the marriage is for a short length and you have significantly more assets than her because you will want to negotiate a favourable financial settlement for yourself. You can find local divorce lawyers here and ask for a free initial half hour meeting about your position:-
I am happy to answer follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).