In trail period – want to divorce, can she say?

[SpoonyBard]

I’m a UK citizen. She is from America. We married in August 2009, following having lived together since she entered the UK on a student visa in 2006. We received our Married Partners Visa in December 2009.

Unfortunately, the relationship has broken down to the point at which I believe it to be unsalvageable. However, I could not live with the guilt of having her forced to go back to America (were she was incredibly unhappy). I got married to her for the wrong reasons ‘saving her’ etc.

I have thought we could unofficially split and live separately, and then begin divorce proceedings once the visa has been issued. How likely is this to succeed? Are there any other options open to her? What could the possible effects be for me it was proven that we essentially made a false claim?

Thank you:

[ElenaW]

I don't think it's a good idea to lie and pretend that you're in a happy marriage as you will be signing at the end of the ILR application and stating that you will continue to be married permanetly and that you support the application. Both of you would get into heaps of trouble if you do this and it gets found out.

Her other options are only to switch to something she qualifies for individually such as a work based visa or student visa.

[MPH80]

In order to suceed in the lie (which I really don't advise) you're going to have to show you are living together.

This, in itself, will require either a) lying to the council to have you or her at one house on the council tax, b) bank statements in both names (meaning a joint account - which could be emptied by either party), or separate accounts at the same address causing credit file problems, c) utility bills - which can result in credit file footprints too.

Basically - if you are separating - you're going to have to effectively be together if you aren't to talk to yourself over going forward.

Think very carefully. You have to state you are living together and the marriage is subsisting. Governments get a bit uppity about people who lie to them and get caught.

On the divorce point ... you can't simply 'start' divorce proceedings - you must qualify ... the rules are here:

http://www.direct.gov.uk/en/Parents/Fam ... DG_4002976

M.