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Divorce issues and spouse abroad

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asmiali
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Divorce issues and spouse abroad

Post by asmiali » Wed Oct 11, 2017 10:40 am

A family relative is going through the following issue and any guidance or help would be much appreciated:

The family relative lives in India and got married to a British citizen 8 months ago. They went on a honeymoon and spent some time together. The guy obviously then came back to the UK to start the paperwork process but didn't do it. The guy now wants a divorce and wants to call it off saying all sorts of stuff (no need to go into the details). He is not giving the divorce though. The girl is slightly traumatised by the experience. She had quit her job to come to the UK but that didn't happen. Life has been on hold and its proving difficult to move on.

Questions:
1. Are there any legal steps that could be taken to expedite the divorce? Clearly we cannot sue in India as that would probably take forever... but can we sue in the UK and force the guy to divorce or bring this matter to close? Note that the girl's family is not rich and cannot afford lawyer fees in the UK.
2. What are other measures that could be taken to force the guy's hand? Can we take him to court for fraud?

Thanks for any help.

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CR001
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Re: Divorce issues and spouse abroad

Post by CR001 » Wed Oct 11, 2017 10:56 am

Important to note that this is NOT an immigration related question but a family law one so you will need to find another place to ask divorce questions.
1. Are there any legal steps that could be taken to expedite the divorce? Clearly we cannot sue in India as that would probably take forever... but can we sue in the UK and force the guy to divorce or bring this matter to close? Note that the girl's family is not rich and cannot afford lawyer fees in the UK.
There no 'expedited' processes in the UK. Divorce can take place in either country. The British spouse will have to do the research to sort this out. If resident in the UK, he can divorce here. If the Indian spouse wants to initiate it, they will have to do their own research.
2. What are other measures that could be taken to force the guy's hand? Can we take him to court for fraud?
Again, not an immigration question and a group of strangers on an internet forum couldn't possibly advise what to do 'force they guys' hand'. What fraud do you believe has been perpetrated? You cannot just go around accusing people of fraud, there are laws in place that the person being accused can sue you.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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seagul
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Re: Divorce issues and spouse abroad

Post by seagul » Wed Oct 11, 2017 1:19 pm

Although I am not expert and it's not divorce forum but briefly would like to generally say that since the overaseas marriage has not been shown to UK authorities for visa purposes so means it's not yet recognized here although it can be. So best would be that such guy initiate/cooperate with divorce starts from india and usually either of the partner must be domicile in divorce zone to initiate divorce. That's it a minor clue from me. Any immigration related issue most welcome.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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