What will happen to my friend and spouse?

[confusedd]

Hello Everyone,

Firstly, can I say thank you to anyone who replies to this forum. Your advice will be greatly appreciated.

My friend and his wife (both from a non EEA country) got married last year in their home country. My friend has been in the UK for the last 4 years or so, the last 2.5 of which on Work Permit. My friend's wife has been living with him for 10 months or so as a work permit dependant.

Anyway, recently they have been having problems in their marriage and after marriage councelling decided that its best to go their own way, i.e. divorce/seperate.

Question is:

- Can they get divorced here in the UK or is it better to get divorced in the country they are from?

- Can my friend's wife stay here after the divorce?

- The divorce proceedings may take a while. Is my friend obliged to provide for her during that period?

- Since there was an incidence of domestice abuse (my friend's wife hit him), can he legally get his wife to go back even before the proceedings finish or does he have to pay for her living costs still?

- In case of divorce, what rights does she have over his assets, bearing in mind that she hasn't contributed anything financially to the marriage?

- In the case of divorce, if she needs a solicitor, can she get one for free or will my friend have to pay for it.

Thank you.

[sakura]

Hello Everyone,

Firstly, can I say thank you to anyone who replies to this forum. Your advice will be greatly appreciated.

My friend and his wife (both from a non EEA country) got married last year in their home country. My friend has been in the UK for the last 4 years or so, the last 2.5 of which on Work Permit. My friend's wife has been living with him for 10 months or so as a work permit dependant.

Anyway, recently they have been having problems in their marriage and after marriage councelling decided that its best to go their own way, i.e. divorce/seperate.

Question is:

- Can they get divorced here in the UK or is it better to get divorced in the country they are from?

- Can my friend's wife stay here after the divorce?

- The divorce proceedings may take a while. Is my friend obliged to provide for her during that period?

- Since there was an incidence of domestice abuse (my friend's wife hit him), can he legally get his wife to go back even before the proceedings finish or does he have to pay for her living costs still?

- In case of divorce, what rights does she have over his assets, bearing in mind that she hasn't contributed anything financially to the marriage?

- In the case of divorce, if she needs a solicitor, can she get one for free or will my friend have to pay for it.

Thank you.

As most of your questions are about marriage and finances, I suggest they seek advise from a marriage (divorce?)-related legal professional.

As for the immigration-related questions.

Your friend's wife cannot stay in the UK as his dependant. She can, however obtain a visa in her own right, if she qualifies, and he cannot do anything about that.

As for whether she can return sooner....it depends on her, really. If there is a case of domestic abuse (with her being the abuser), then they probably should not be living together (and he probably should have reported the incident to the police, if it was a serious matter), but it may not be right to leave her completely destitute (if, for example, she is not in employment and has no money of her own). If he is unwilling/unable to help her, then rather than her staying in a hostel or some sort, she might well be better off returning home. As for who pays for legal costs, I do not think that, as someone one limited leave to remain, she qualifies for legal or any other sort of publicly-funded assistance. She might have to ask her family for support, if he is unwilling/unable to pay for her.