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Adultery and Foreign Divorce (2 Posts)
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19 March, 2017 10:59AM
Adultery and Foreign Divorce
YAM - 19 March, 2017 10:59AM
I got married in Pakistan and then moved to England. It was a troubled marriage for 8 years. Finally I moved out of the house after we both agreed to move apart. I moved my way and she moved her way. I issued her a islamic divorce and also sent her notification through a solicitor. She rejected the grounds of divorce which was unreasonable behaviour. I moved on and started a new relationship and living as partners, also have a child with a new relationship. I made my ex-wife aware of my new relationship and told her that I had moved on and there was no future. She agreed but still wanted to keep some contact with me and wanted me to visit her every now and then. We did have physical relationship. Then after few months, I told her this cannot carry now and had to stop. She then accused me of adultery and is now taking me to court. In the meantime, I gave her divorce in Pakistan and this has been issued and confirmation of divorce issued already. Few questions please:
1. Have I committed Adultery?
2. Is the divorce confirmation that was issued in Pakistan valid here in the UK?
3. What are consequences of accepting adultery allegations?
4. If the divorce has already taken place in Pakistan, why do I have to do it again here in the UK? Please note that I am dual citizen and have business links in Pakistan. My ex-wife is also a dual citizen. Our marriage was conducted in Pakistan as family lives there and divorce was also finalised in Pakistan and sent to her family home where she is in regular contact with.
Please guide

Edited 1 time(s). Last edit at 19/03/2017 11:10AM by YAM.
Re: Adultery and Foreign Divorce
davidterry - 20 March, 2017 06:22PM
If you have been validly divorced in Pakistan you will not need to get divorced again in England. However, you should be aware that the English divorce courts have jurisdiction to grant financial relief after a divorce obtained in another country even if a financial settlement has been made in that other country. The English courts have a 'top up' jurisdiction which was designed for exactly the type of situation which arises here.
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