RE:

[asianlad786]

Hi,

I am british and my wife is South African and we got married in South Africa at the beginning of April. It was agreed before we got married that she would move to the UK.

We then applied for the marriage settlement visa and fortunately she received it around October time. She then finally came to the UK at the end of November.

During the past year we have been having various arguments and ultimately we both do not get on with each other and do not wish to stay married. We were living with each other until last week and now she has moved out to go to stay with family.

After reading up on divorce I have found that I am unable to get one as we have been married less than a year. I am aware that I can apply for Judicial Seperation in the mean time and am also aware that I need to write a letter to the British Embassy stating that our relationship has ended.

I just wanted advice on what to do in this situation as I am very worried about the divorce process as I know it is a long process. I think if I do send her back to South Africa its also going to take even more time for the courts to process our divorce. Additionally I feel that my wife will not want to co-operate with me and is accusing me of various things - which she doesn't have any evidence for her accusation but I feel she will mention through the divorce process.

Please can someone help? Has someone been through this situation before?

Thanks

[Casa]

You aren't able to 'send her back to South Africa'. The Home Office will decide whether or when to terminate her stay here. In any event, I believe that she may well be allowed to remain while the divorce is in process.
There is no 'British Embassy' in the UK by the way. You would notify the UKBA that your relationship is not subsisting.

[pennylessinindia]

messy things divorces . Best advise is to seek legal advice as you can not easily do it yourself if one party does not agree, and try and keep it practical and not too emotional. It will help you in the long run to move on.
Let UKBA know, then leave that to them they will decide how to proceed.
start the legal proceedings for the seperation/divorce and if the relationship is really hard just keep communication to that between your legal advisers.