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History: Home UK Divorce Forum
Topic:
Divorce India or UK (6 Posts)
Started By:
Date:
08 April, 2017 09:30PM
Divorce India or UK
arunjindal - 08 April, 2017 09:30PM
All,
Facts below first:-
Married March 2016 in India, marriage was not registered in the UK. Currently living in Scotland
Spouse came to the UK in May 2016 from India on a spouse visa - Cohabiting for nearly 10 months only, no children
I am a naturalised British citizen with no assets. Bank balance overdraft with nearly 20k debt(6-7k after marriage). Salary 36k with lots of outgoing.
Few issues with wife for her unreasonable behaviour throughout the time she came to the UK. I feel she only married to me to get settlement in the UK. Two weeks ago she had tried to put a false domestic allegation on me that I slapped her. I got detained but no action was taken. Since then I did not go back home feeling scared she might put another false allegation on me. She put a second false allegation of domestic last week saying I slapped her in June 2016(again total lies). Got detained, again no action was taken against me. I spoke to the police at the time who asked what is the reason she is doing all this. I explained that she is playing a domestic card to get citizenship in the country. Police had a concern that she might get harmed by her family when she gets divorced and go back to India(again after the domestic false allegations did not work, she is now going towards that she will get in trouble/killed etc if she goes back - basically she is fooling police as she comes from a very good reputed family in india where divorced has happened in their family before.
What should I do? Apply for a divorce here or In india?



Edited 2 time(s). Last edit at 08/04/2017 09:46PM by arunjindal.
Re: Divorce India or UK
Bubblegum - 09 April, 2017 10:52PM
I have no idea I'm afraid. But when you say 'here' do you mean Scotland? The law is different between England and Scotland.
Re: Divorce India or UK
Steven J - 10 April, 2017 02:52PM
Yup it depends where. England and Wales have a slightly different divorce process than Scotland.
Re: Divorce India or UK
tyler74 - 12 June, 2017 01:17AM
if that is not already late...
You need to apply for divorce in India and follow through the end. It would be a good idea to hire a lawer in India. The advantage for you is that you can do financial settlement by India law. Providing all formalities are followed and the financial settlement is fare she would unlikely to go to the UK court. The difficult bit is that she can apply for a divorce in the UK, and if she does than it becomes a race. You need to delay the proceedings in the UK as much as you can to get the decree absolute in India.
And she will not get UK citizenship out of divorce unless she's been in the country for 3 year... You probably need to explain it to her.
Hope it helps. Please post your questions if any.
Re: Divorce India or UK
Jaymin - 14 June, 2017 12:30PM
Tyler74 - is this a law that the spouse on marriage visa is entitled to citizenship based on divorce if he/she has stayed here more than 3 yrs?
Re: Divorce India or UK
tyler74 - 14 June, 2017 01:55PM
this is immigration law territory. If the spouse would have lived in the UK for 3 year than she can apply for ILR (indefinite leave to remain) and after another year she can apply for British citizenship on the basis her marriage to a British citizen. There is nothing about divorce situations there. Basically if she's not married anymore - she would have to be treated as foreign citizen living in the UK. That means she can apply for ILR after 5 years in the country. In summary - she'll have to go back to India. As far as i know those cases are difficult to fight and are rarely successful.



Edited 1 time(s). Last edit at 15/06/2017 08:13AM by tyler74.
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