Cancelling spouse visa

[ztech]

I have an ILR visa and have applied for naturalization ( my wife is unaware of this ).
My wife is on a spouse visa and is on her 2nd extension ( 4 years in the country ).

Our daughter was born 8 months ago and she has changed completely. She is no longer the caring loving wife she used to be. I feel as if her target was to have a child and then show her true colours.

Our relationship has become toxic and I am considering a divorce. I do not want to divorce her here as she would then get half of what I am worth and I would have to pay for my daughter till she was 16.

I am planning to take her back to her country and then divorce her there and then cancel her spouse visa. I will then have to pay for my daughter till she is 7 or until my wife remarries.

I have also eavesdropped and recently learned that my in-laws plan to give me a beating if/when I go back and my wife will then still come back and apply for ILR/naturalization.

Do foreign marriages fall under the scope of the English court ?
Is there a problem with this plan?
I will miss my daughter greatly but I just cannot continue living with such an ungrateful wife for whom I have spent so much money and effort to bring her here.

[ztech]

Anyone?

[secret.simon]

Do foreign marriages fall under the scope of the English court ?

Advice on matrimonial causes itself is not something that we have experience with on these forums and you may be better off asking questions about divorce, etc on a different appropriate forum.

To answer the specific question about marriages which were conducted abroad being subject to UK law, I believe (and I am not a lawyer, so consult one for more information) that it depends on either partner being domiciled in the UK.

If either party is domiciled in the UK (which is a question for the court), then the law of the relevant part of UK would apply to a marraige conducted abroad.

Domicile is a very tricky legal concept that factors in not only where you are resident, but where you intend to be resident in the future.

There used to be a document on Gov.uk relating to domicile and marriage, but I can't find it. However, see from Section 5 of this HMRC document about how domicile is assessed for tax purposes. Domicile is a concept under general law (i.e. not restricted to taxation) and it is likely that your domicile for tax purposes is also your domicile for other purposes.

Domicile governs in UK law matters that are considered "personal law" in some countries (i.e. relating to marriage and divorce, wills and testaments, etc).

Returning to immigration matters, it is not in your power to just cancel your wife's visa.

You can notify the Home Office that your relationship with her has broken down, but they may take other factors, such as the fact that she has a British citizen child (assuming that the child was born in the UK after your ILR) in order to assess if the visa should be cancelled or not.

EDIT: see these similar older threads.

[ztech]

Thanks

[ztech]

While I was pondering on these things, my wife has made false DV allegations and had me arrested. I was released instantly as there was no history of DVD against me and I had never been arrested before.

She also lied that she rang socials services and has now taken my daughter and staying at a family friend of hers whom I do not know much about.

-Now, should I contact HO?
-If I do not, will it make it difficult for her to get another visa? i.e. will HO ask her if there is a court case.
-Should I also write to HO about possible immigration fraud? I suspect she had a long-term plan and was just waiting for my daughter to be born before she actioned things.