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I was force into a marriage some 15yrs ago when i was 16 to

I was forced into a...

I was forced into a marriage some 15yrs ago when i was 16 to my aunties son who was alot older than me. He only ever married me to gain entry into the uk. He got his indifinite leave to stay about 12 yrs ago. We now have 2 boys aged 8 and 9. He has mentally tortured me throughout the last 12 yrs since he had got his indifinite leave to stay and telling me that he only married me to come to england and get rich. He has now petioned for divorce and is seeking a financial settlement. Im aware that once the divorce has been granted and once he has the funds he's seeking then he plans to get married again to someone here who is seeking indifinite leave to stay through marriage. He plans to do this to make more money. He wont go back home to get married genuinely as he will then have to proove his earning over £18k because if he does that then the csa will ask him to pay child maintenance. Im also aware that he's working full time but he's only declaring part time hours in order to obtain legal aid for the divorce proceedings. I was only very young when i got married and at the time i didnt understand anything. I have put up with it until now for the sake of my children and my familys honour but now i feel cheated, used and abused. I would love to get his indifinite leave to stay revoked and send him back to Pakistan where he belongs. Is there any chance i can do that?

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Answered in 4 hours by:
7/9/2013
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,721
Experience: family solictor with 25 years experience
Verified
HI
Thank you for your question
I shall do my best to assist you but I need some further information first
What financial assets are there for division between you?
Claire
Ask Your Own UK Law Question
Customer reply replied 4 years ago

Thank you for the response. The only asset we have is a joint mortgage. He's trying to get the maximum share he possibly can. I have made him an out of court settlement as I want him out of my life ASAP but he's being awkward and has applied to the courts for a settlement.

Hi
How much is the house worth and how much is outstanding on the mortgage?
Claire
Ask Your Own UK Law Question
Customer reply replied 4 years ago

The house is worth about £95k to £100k. There is £24k outstanding mortgage. I have offered him £20k settlement but he's not having it. I work part time. I look after my sick father who lives with me and my 2 boys. He's not making any maintenance payments either. he is working full time but declaring part time in order to get legal aid. I am paying my solicitor myself.

Hi
What mortgage capacity do you actually have - it must be limited?
Claire
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Customer reply replied 4 years ago

I cannot afford to borrow anymore as I would struggle to repay on my part time wages. He also hproperty earthy and land in Pakistan but I cannpromo eve that. He has also confiscated Amy marriage gold worth apron £10k. This was gifted to me when I got married by my parents and grandparents. He's only reason to marry me was for money which he's now proving. I am really depressed about the whole situation.

Hi
What has his solicitor asked for in settlement?
Claire
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Customer reply replied 4 years ago

They haven't asked yet but I've heard from extended family members that he's seeking 50percent. I'm going off line now and will continue with our conversation tomorrow if u don't mind. I just wish I could get him deported.

Hi
The priority for the court is the safe and secure housing of the children until they are 18 and on that basis the court will not order the sale of the property for another 10 years (unless you remarry/cohabit)
Even when it is sold he is unlikely to get 50% since you will have had the care of the children - making him lucky if he gets 40% with 35% more likely
On that basis your offer is a very good one and he is a fool to refuse it especially as the legal costs he incurs will be deducted from any eventual settlement
I am afraid that you cannot get him deported - but you can stand firm of the settlement - indeed you could simply say - wait ten years!
I hope that this is of assistance - please ask if you need further information
Claire
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,721
Experience: family solictor with 25 years experience
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Clare and 87 other UK Law Specialists are ready to help you
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Customer reply replied 4 years ago

Thank you Claire,


 


My solicitor has already advised of the same but my main question was if I could get him deported somehow? I didn't think so but I thought it was worth finding out for sure.


 


kind regards

Hi
Sadly no - I wish you could
Claire
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Clare
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,721
34,721 Satisfied Customers
Experience: family solictor with 25 years experience

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