2nd Marriage Legal Status

[memememe123]

Around a year ago my wife of 6 years left me, at the time we were living in the UAE and she returned to the UK. A few months after this I met my current partner who is a Moroccan national and I started divorce proceedings against my wife in July 2018.

Because my new partner is Muslim and due to her strict family traditions any sort of relationship without marriage was out of the question so I converted to Islam and we married here in the UAE last autumn. In the UAE there is no requirement for a man to prove his marital status and having up to 4 wives is perfectly legal hence we were within the law in the UAE where we are both living and she was fully aware about the situation with my previous marriage.

Now my divorce is almost complete I want to know where I stand legally with my current marriage, if I were to return to the UK at some point (although this is not currently something she wants) would our marriage be valid? I'm sure I have read somewhere in the immigration rules that provided the marriage to the first wife has been dissolved since the second marriage and as long as the second marriage was legal in the country that we were domiciled at the time of the second marriage then the marriage would be valid, however I dont seem to be able to find this statement again and also there is some questions regarding domicile as a UK expat, although I'm considered non-dom for tax purposes I'm not sure if this would be the same for marriage law etc.

As anyone else been in a similar situation or know what the law is?

Thanks

[CR001]

Your second marriage won't be recognised under the UK immigration rules as you were not divorced from your first wife.

Presumably you are British??? If yes, a spouse visa application is likely to fail as your divorce decree absolute will be dated after your second marriage.

[memememe123]

Hi thanks for your reply, so to make this right from a legal stand point, could we just undertake a civil ceremony post completion of my divorce, in the UK or would this not be valid as technically we are both legally married, albeit to each other in another country?

Thanks

[Casa]

You will have to apply for a fiance visa...assuming you meet all the requirements.

https://www.gov.uk/uk-family-visa

[secret.simon]

as long as the second marriage was legal in the country that we were domiciled at the time of the second marriage then the marriage would be valid

Domiciled does not mean resident.

Domicile has a very specific meaning in law that factors in not only where you live now, but where you intend to live (and possibly die) in the future. Given that people tend not to settle down in DXB, but intend to return to their home country, your domicile may still be England or the home nation that you resided in the UK.

Domicile guidance

Questionnaire used by UK Visas and Immigration when an applicant may be in a polygamous or potentially polygamous marriage

If your domicile is still one of the home nations of the UK, your marriage in Dubai will almost certainly be invalid in the UK, though if you reside together for a period of at least two years, she may be able to apply as an unmarried partner.