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Is my fiancee's divorce valid?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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t_kaay
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Posts: 108
Joined: Sun Sep 12, 2004 7:19 pm

Is my fiancee's divorce valid?

Post by t_kaay » Mon Jan 11, 2010 2:16 am

Hi, can you give me some quick advice please. Just about to send fiancee's visa papers to Pakistan. She was previously married to a British boy but marriage was not consumated and he left her after 1 week to return to UK.She did not hear from him again. She applied to the Family Court in Azad Kashmir for a decree absolute and this was granted by the Family Court judge. Will this be accepted as her being free to marry again (ie. divorced)? i think the papers she has from the court refer to a "dissolution of the marriage". Another post on the board refers to the differences between talaqs in Pakistan and Azad Kashmir so I'm a little confused. I think I read the rules to suggest that a traditional "talaq" is different to a divorce obtained through the courts.Thanks.

batleykhan
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Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Mon Jan 11, 2010 11:58 am

http://www.immigrationboards.com/viewtopic.php?t=49966

The answer to your question lies in this post. You and the OP are not the same person by any chance?

t_kaay
Member
Posts: 108
Joined: Sun Sep 12, 2004 7:19 pm

Post by t_kaay » Mon Jan 11, 2010 2:12 pm

Thanks for the reply, batleykhan. I'm not the same person as the other poster. The difference is that post refers to Pakistan and my situation refers to Azad Kashmir.

You referrred to the following paragraph:

"However it is possible to obtain a dissolution of marriage in either a Family Court or the High Court in Azad Kashmir. Such divorce decrees are "proceedings" and should be considered under Section 46(1) of the Family Law Act 1986."

This is the process my fiancee has gone through (ie. Family Court decree), so does that mean we will be ok????

Thanks again

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Mon Jan 11, 2010 2:21 pm

Yes it should be accepted as the document I have pasted is The Entry Clearance Guidance used by ECO's when assesing applicants that have been divorced previously

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