Advice please.

[ribena]

Hi
My husband and I are filing a divorce and I would like to know if I can leave the country in May while the divorce is pending/finalised.

If he left the country after we have receive the Decree Absolute, can I still re-enter UK in early June without him and without me applying for retaining of rights just yet?

I have to leave in May for my brother's wedding so postponing the trip is not an option and tickets were bought in Dec -10.


Please advice if I can enter UK on my own with Decree Absolute with me?

Thanks

[bobobo]

That sounds risky....the IO dont seem to be that well versed with the EU law and I am not sure if they would actually know about Retention of Rights. They can give you a hard time on this on the other hand, when I travelled under same circumstances the Decree Absolute was not issued so legally I was still married...Its difficult to say what will happen

[ribena]

Hi Bobobo
Thanks. Looks like I have to risk it then.

Also, we were not married in UK, can the British court dissolve our marriage or do we have to do it in the embassy of my country? or his?

I am going to CAB to find out more too(tomorrow) but from past experience, they aren't well versed with EU/EEA law.

Thanks again.

[bobobo]

If you have been a resident in the UK for > 1year then the English Courts can grant you divorce. You will need to make sure though that the marriage certificate is in English or translated in English by accepted authorities.