Divorce in process

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 2:37 pm

Hello everyone

I'm family member of EEA and has got 5 years RC, our marriage could not go head for some reasons now my wife has filed the divorce petition against me and she has mentioned in the divorce petition that she hasn't been living with me which not true at all as we have been cohabited for more than two and half years after the marriage and I have got all relevant evidence as well.
I'm bit worried about now because the judge has given us hearing date which is gonna be heared in next month.

Anyone can advise me what could be happen in the court during the hearing?

I have also written to court along with all relevant evidence that we have been living together as a husband and wife but she is denying all that.

Please advise me accordingly
Many thanks
Amir

Post by **CR001** » Sat Oct 31, 2015 2:42 pm

Your query is not an immigration one, but a divorce process one. Unless there is an immigration question in your post which I have missed, I don't think you will get a response on the forum.

Suggest you speak to your divorce solicitor if you have one or contact a legal advice centre or CAB.

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 3:35 pm

Thanks for reply

My query is regarding immigration,
Can a judge discuss that I don't accept this marriage as a valid coz your wife says she has been living together with u?
Or

Post by **CR001** » Sat Oct 31, 2015 3:40 pm

If you hearing is regarding your divorce, it will be relevant to your divorce/marriage in the family court.

What exactly is your immigration question?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 4:04 pm

Can this above mentioned statement can affect on my immigration status when I will apply for Right to Retain in UK coz she mentioned that she has not been living with me?

I had replied of her statement along with all evidence but she is denying all. She is also threatening that she might say in the court that I married with her for just immigration purpose if I won't get agree to give her divorce as I have defended the divorce coz I want to live with my wife back,I want compromise with her but her family is all misguiding her for divorce.

I want to continue my life with my wife.

My question is all about that

If she says in the court that he married with me for immigration purpose which is not true at all as she threatened me if I won't give her divorce.
If she says such type of stupid stuff in the court. Can this affect me when I will apply for RIght to Retain?

Advice me please.

Thanks in advance

Mu question

Post by **CR001** » Sat Oct 31, 2015 4:15 pm

For RoR, it is decided based on the documents you provide. Your divorce hearing should not have an issue as the divorce decree absolute will not say what you are concerned about.

How long have you been married?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 4:31 pm

I have been married more than 3 years

Post by **Obie** » Sat Oct 31, 2015 4:36 pm

Why us the petition going to court?

Do you have kids at present?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 4:37 pm

But I'm concerned about only the issue as I discussed above that if she says any stupid stuff can a judge can refer our case to home office for investigation?

To be honest if this would be the case I would welcome any type investigation welcome coz our every thing real and genuine.

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 4:39 pm

I don't have any children.

My wife file the divorce petition in the court and mentioned all about.

Post by **Obie** » Sat Oct 31, 2015 4:40 pm

Did you contest the divorce?

Why is the matter in court?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 4:44 pm

Yes I contested the divorce coz I was thinking if I would hold the divorce my wife might come back to me as she is being misguided by her friends and family so was thinking after some time wen she will learn the truth she will come back to me.

Post by **Obie** » Sat Oct 31, 2015 5:05 pm

So what are you and your solicitor going to court to say?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 5:14 pm

thats what I wana know from you guys.

Post by **Obie** » Sat Oct 31, 2015 5:17 pm

So let me get this right?

You are contesting the divorce because you still want this woman and notwithstanding the fact that he does not want to see you?

What is the basis of the divorce? 2 years seperation or unreasonable behaviour ?

So you want the court to find that you have been living together ?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 5:28 pm

Yes I wanted to live together with her initially she filed the divorce but as per current circumstances it is not possible that.

Divorce is based on unreasonable behaviour but wen I contested the divorce then she replied the court back and mentioned in her replied statement that she has not been living with me 2 years which i think as per some ones advise she wrote.
But all she is saying to get divorce from me.

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 5:34 pm

Yes it is true that we have been living together which I want to prove in the court she is lying coz what I'm concerned if I don't prove now it might affect my immigration status.
What you say?
Or what u advise?

Post by **Obie** » Sat Oct 31, 2015 5:38 pm

Is this hearing not misconceived?

Have you got legal aid?

This matter should not have gone this far.

Did the lawyers say the judge will make the finding that you are seeking .

For 2 years seperation, you need consent, and without you giving it, she will not get it. Wonder why u are required to attend court for that.

Is your wife working ?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 5:42 pm

Yes she is working
Exercising treaty rights

I know it shouldn't go that far but I wanted to live back with my wife as I wanted reconciliation but now we have gone too far it's not possible.

What u advise?

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 5:44 pm

I hadn't got legal aid.

Can I get it?

Post by **Casa** » Sat Oct 31, 2015 5:49 pm

Since April 2013, Legal Aid for divorce cases has been limited considerably.
http://www.divorceaid.co.uk/legal/legal-aid.htm

Amir Hussain · Post by **Amir Hussain** » Sat Oct 31, 2015 5:54 pm

Thank u so much

Amir Hussain · Post by **Amir Hussain** » Sun Nov 01, 2015 12:24 pm

Hello every one

If divorce proceedings are started before the three years completed to marriage and how it could affect the Right to retain?

But after the divorce is finalised three years area completed so it would be okay for RoR.

Please advise me.

Thanks

Amir Hussain · Post by **Amir Hussain** » Sun Nov 01, 2015 4:03 pm

Hello everyone

Can somebody tell me why I can't read or send private massages here on immigration board?
Wen I click on private Spammy Spammer the option coming up that I'm not authorised to read the Spammy Spammer or send?

Why !!!!!
can some one helps me in this regard please?

Much thanks

Amir Hussain · Post by **Amir Hussain** » Sun Nov 01, 2015 4:15 pm

Hello
All sorted

Suddenly my private massages start workin.
Thanks

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