Divorce abroad valid or not?

[gloworm]

Hi

I would like to know what to do because I am so confused!

I married in 2004 in pakistan and did not register the marriage here in the UK because it was a forced marriage. I never sent the papers in to get his visa either so he never came to the UK. I got my divorce in 2007 because he refused to divorce me. My problem is that my mother went to pakistan in 2007 to get my divorce because I was too depressed to go back plus I felt he would harm me (he tried on a previous visit I made prior to the divorce). My mother got the divorce sorted for me. It is more or less annulled (I never consumated marriage).

Is my divorce valid in UK? The marriage was never registered in UK but if I ever wanted to marry again in pakistan, will the HO pick up on the fact that I was married and divorced in pakistan, when I apply to bring a new husband over to live with me in the UK? even though it wasnt even proper marriage, it was forced? it may as well never have happened! If they recognise I was married, why wont they recognise the divorce?

Anyone know any good lawyers I could get in touch with? PLEASEEEEEEEEEEEEE

[John]

If the Government of Pakistan recognises you are divorced, then the UK Government will as well.

[ElenaW]

gloworm did you report this person?

[batleykhan]

If the Government of Pakistan recognises you are divorced, then the UK Government will as well.

On the basis if what OP says, I dont think that the Pak Government or the Local Union Council ( local birth, death,marriage registration office) will recognise teh divorce as OP was not present in Pakistan at time divorce was annulled.

How her mother managed to do it without OP being present is beyond me.

Muslim divorce is complicated where the women wants it. Its easier for the man.

I think OP will have problem when reapplying because I dont think BHC will accept the divorce papers produced. I may be wrong, but I dont think it will be easy going for OP if she does what she wants.

6.1. Talaq divorces
Talaq divorce is most commonly encountered amongst Pakistani Muslims. In traditional Islamic law a bare talaq is the pronouncement by the husband taking the form of a triple declaration meaning "I divorce you". This has the effect of dissolving the marriage instantly. This bare talaq is the only form of talaq available in the Pakistani- controlled part of Kashmir or to Indian Muslims. A bare talaq is not a "judicial or other" proceeding.
Talaq divorce for the rest of Pakistan (including East Pakistan (now Bangladesh) and all Pakistani nationals overseas) was formalised by the Muslim Family Laws Ordinance 1961, which remains in force in Bangladesh. This requires that when a man pronounces talaq he must give written notice to his wife and also the Chairman of the Local Union Council. After this, a period of 90 days (or the end of pregnancy if the wife is pregnant) must elapse before the divorce becomes effective. There is a process for reconciliation between the parties which may be attempted during this period. This form of "full" talaq is a proceeding for the purposes of Section 46(1) of the Family Law Act 1986.
Instances are sometimes encountered of bare talaqs in Kashmir purporting to have been converted into full talaqs by notification to the Union Council. However, the Muslim Family Laws Ordinance does not apply in Kashmir and therefore such notification has no effect and the divorce is still a bare talaq.
It should be noted that it is possible to obtain a dissolution of marriage in either a Family Court or the High Court in Azad Kashmir. Such divorce decrees are "proceedings" and should be considered under Section 46(1) of the Family Law Act 1986.

[ajmal]

Hi

I would like to know what to do because I am so confused!

I married in 2004 in pakistan and did not register the marriage here in the UK because it was a forced marriage. I never sent the papers in to get his visa either so he never came to the UK. I got my divorce in 2007 because he refused to divorce me. My problem is that my mother went to pakistan in 2007 to get my divorce because I was too depressed to go back plus I felt he would harm me (he tried on a previous visit I made prior to the divorce). My mother got the divorce sorted for me. It is more or less annulled (I never consumated marriage).

Is my divorce valid in UK? The marriage was never registered in UK but if I ever wanted to marry again in pakistan, will the HO pick up on the fact that I was married and divorced in pakistan, when I apply to bring a new husband over to live with me in the UK? even though it wasnt even proper marriage, it was forced? it may as well never have happened! If they recognise I was married, why wont they recognise the divorce?

Anyone know any good lawyers I could get in touch with? PLEASEEEEEEEEEEEEE

If your marriage is registered with Union Council in Pakistan then you need your divorce to be registered with Union Council in Pakistan as well

[batleykhan]

If your marriage is registered with Union Council in Pakistan then you need your divorce to be registered with Union Council in Pakistan as well

Except where it was done in Kashmir part of Pakistan where the MFL Act does not apply, therefore a bare talaq is still accepted.

However it is possible to obtain a dissolution of marriage in either a Family Court or the High Court in Azad Kashmir. Such divorce decrees are "proceedings" and should be considered under Section 46(1) of the Family Law Act 1986.