Bringing 2nd wife in UK from Bangladesh n divorce acknowledgment

Hi, I need help. I am in the UK with ILR came here with spouse visa, my wife born n bred in UK. We got married 16 years ago back in Bangladesh n our marriage not registered here in UK
We are separated now n she’s living with another person n gave birth to a baby with him without marriage.
I am going Bangladesh soon to get my divorce sorted in Bangladesh within all the laws. I found UK divorce are lengthy n expensive.
When my divorce sorted in Bangladesh I want to get married again in Bangladesh n bring my 2nd wife in here. So my question is will UK law accepts my divorce in Bangladesh or I’ll need divorce in UK too?
I am not British yet but has ILR n going to apply for British citizenship after I get married to the girl in Bangladesh.
I’ll only get married after I get the divorce certificate from Bangladesh so will my divorce be acknowledged by UKBA?
Please advice
Thanks

You need to complete the divorce here. A lawful marriage which takes place in another country is legally binding here (otherwise you wouldn’t have qualified for a spouse visa).

As both of you are resident in the UK proceedings need to take place here.

...but having said that technically you can divorce in Bangladesh according to the following:

“Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

it is effective under the law of the country in which it was obtained; and
at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country”

As you’re an ILR holder you’re still a citizen of Bangladesh so qualify for a legally recognisable divorce from Bangladesh if you follow the procedures of that country. You should keep evidence of any divorce communications sent by the court in Bangladesh to your wife in the UK, she should be an active participant in proceedings.

You can divorce in Bangladesh, make sure it goes through the district (upozilla) courts.

Once you have that paper, you are free to re-marry anywhere. If you are still in contact with your first wife it would be good to let her know you will be divorcing in Bangladesh so she knows too.

Overseas divorce guidance

Based on the guidance, a divorce obtained in Bangladesh would be acceptable if obtained through "judicial or other proceedings" or in keeping with the requirements of the MFLO 1961.

The term ‘judicial or other proceedings’ requires that there should have been some formal proceedings, either before a court or some other formal body recognised by the state for that purpose (for example, in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

Thanks for all the quick replies, I really appreciate it. So I am going Bangladesh early January 2019 to get the Bangladesh divorce sorted as I have been told to stay present there to finalise the divorce. Once I got the divorce paper shall I send a copy to her to notify n keep receipt of sending the paper n shall I also send a copy to Home office ?
My plan is to get married in April 2019, 2/3 months after the divorce sorted and after I marry I’ll also apply for a citizenship here in UK so having Red passport will that effect my Spouse visa application? I’ll b dual citizen then.
I don’t want to take any risk so planing in advance.
Also I am sending 3 letters to my wife in UK one every month to notify I am proceeding divorce in Bangladesh and keeping proof of postage ( this is what I have been told to do) I have sent copies to her father too. Shall I send any copy to Home office ?
And lastly can I still process UK divorce after getting the Bangladesh divorce sorted or it’s unnecessary?
Thanks in advance for all your help

shall I also send a copy to Home office ?

No!!

My plan is to get married in April 2019, 2/3 months after the divorce sorted and after I marry I’ll also apply for a citizenship here in UK so having Red passport will that effect my Spouse visa application? I’ll b dual citizen then.

No. Spouse of ILR holder and spouse of British citizen is the SAME visa.

Also I am sending 3 letters to my wife in UK one every month to notify I am proceeding divorce in Bangladesh and keeping proof of postage ( this is what I have been told to do) I have sent copies to her father too. Shall I send any copy to Home office ?

No!!! Why do you think HO is interested in every step or letter of your process to start divorce. They are not. They are only interested in the final divorce certificate when you apply to bring a new spouse when you have to prove you were free to marry your 2nd wife.

And lastly can I still process UK divorce after getting the Bangladesh divorce sorted or it’s unnecessary?

Not necessary.

equitydealer wrote: ↑

Thu Dec 13, 2018 7:03 am

You need to complete the divorce here. A lawful marriage which takes place in another country is legally binding here (otherwise you wouldn’t have qualified for a spouse visa).

As both of you are resident in the UK proceedings need to take place here.

Thanks but two different opinions making me confused? I am still a Bangladesh citizen at the time of divorce in Bangladesh so does this acknowledge by UKBA n providing Bangladesh divorce certificate can I apply for 2nd wife spouse visa ? Thanks

Hi CR001,

I am also following this post.

Hope you are fine for me to post a question as this is similar and my divorce also happened in Bangladesh.

I am still not sure if my spouse visa will be refused or not.

I thought I give a full timeline of what happened so far in my life!

I have been a British Citizen before I got married on 07/11/2015.

1st marriage – married on 07/11/2015 and divorced on 04/01/2016 – never applied for her visa. Divorce registered on 04/01/2016. My divorce got settled out of court in Bangladesh. I have all the paperworks though.

2nd marriage on 02/11/2018.

With above information, if I apply for Spouse VISA now with the divorce certificate dated 04/01/2016 will the HO accept my application? Or will HO refuse my application as I did not notify before 2nd marriage?

FZ_1 wrote: ↑

Thu Dec 13, 2018 5:56 pm

Hi CR001,

I am also following this post.

Hope you are fine for me to post a question as this is similar and my divorce also happened in Bangladesh.

I am still not sure if my spouse visa will be refused or not.

I thought I give a full timeline of what happened so far in my life!

I have been a British Citizen before I got married on 07/11/2015.

1st marriage – married on 07/11/2015 and divorced on 04/01/2016 – never applied for her visa. Divorce registered on 04/01/2016. My divorce got settled out of court in Bangladesh. I have all the paperworks though.

2nd marriage on 02/11/2018.

With above information, if I apply for Spouse VISA now with the divorce certificate dated 04/01/2016 will the HO accept my application? Or will HO refuse my application as I did not notify before 2nd marriage?

Please continue your questions in your own topic you already have where you have received advice already. This topic is NOT a general discussion/question thread and it is unfair to the OP to tag your questions when you already have a topic.

See also point 12 of the forum rules FAQs (click to read)