Marriage Status

[lucent76]

Hi,
I would like some advice about my marriage status. I came to UK on work permit several years ago, then I got married back home in india and brough my wife here. After few years we got the UK passport and nationality. We are still married according to the religion but we never registered our marriage as per UK laws. Are we considered married here in UK.
By the time we grew apart and now practically living apart as well. We have not got the divorce. I have a house where she lives and I live in another appartment. I also support her financially ie paying the mortgage for the house she lives in.

According to UK laws Do we need to get divorce if I want to marry someone else. And then the question how can I as we never got married according to UK laws. According to my religion I am allowed second marriage but not sure about the my legal status in UK. We are both happy living apart and still jointly bringing up the kids. We do not wish to get divorced. She is happy for me to get married and have a second wife but without divorcing her. What does the UK law states. The person I wish to marry is from Turkey and she would need a visa to com to UK and live with me. Can I apply for the spouse visa?

I hope I have not confused the readers; would appreciate the help provided by this forum.

Thanks.

[Casa]

As your wife was granted settlement as your legal spouse, it's irrelevant whether you registered your marriage in the UK. Your marriage was considered to be legal in the UK and it therefore remains so.
If you want to marry another woman you will have to divorce your first wife, as polygamy isn't permitted under British law. You will also have to wait until you have been granted your divorce decree absolute. If you marry before this is issued a spouse settlement visa will be refused.

Also bear in mind that if your first wife doesn't agree to a divorce, this could take as long as 5 years of separation before it's resolved.

[secret.simon]

I got married back home in india and brough my wife here. After few years we got the UK passport and nationality. We are still married according to the religion but we never registered our marriage as per UK laws.

Is your marriage recognised according to the laws in India? If it is, then you are considered married in the UK as well.

As you are now domiciled in the UK, you can divorce in the UK courts.

Polygamy is not recognised in English law. If you are party to a polygamous marriage abroad, you can only sponsor one spouse to come and live with you in the UK. If your first wife came to the UK on a spousal visa, you will require a divorce in the UK courts (as you are now domiciled in the UK) to remarry and get a second wife.

There are a few cases on these forums of people divorcing their first wives and remarrying abroad before they got their divorce absolute. The Home Office refused to recognise their second marriage as they were not "free to marry" at the time of their second marriage abroad.

Also see: Marriage & Divorce.