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Divorce from an overseas

(4 Posts)
Ivonica Mon 23-Nov-15 21:56:22

Hi,

I'm trying to get divorced from my husband. He is a Nigerian citizen and has a residence permit to be in the UK because he is married to me.

We've been married for only less than 1 year because life with him was extremely stressful. He's unreliable, manipulative and he was unemployed during all our relationship and never helped with living costs such as rent and bills.

Initially he agreed to the divorce and promised he would cooperate. However, when he replied to the court he actually contested the divorce. We don't have any children and we are not making any financial arrangements. He's contesting the divorce arguing that we don't have substantial grounds for divorce. He says he loves me and wants us to make a U-turn. I know so, so well that he is lying. He's never made any attempt to reconcile. He's trying to use me for his visa, I'm absolutely sure.

I'm still waiting to hear from the court (following a solicitor's advice) but i'm afraid that since he has contested I'll have to spend a fortune in lawyers and court fees. I made very clear to him that I'll never go back to him and i asked him not to contact him. However, he claims that he will never give up on me.

Is there anyone with a similar experience? Is there a way out of this so this man cannot use me anymore to stay in this country?

I'm new to this site so thank you very much in advance.

Best wishes
Ivonica

lavenderhoney Mon 23-Nov-15 23:04:57

My ex dh contested my divorce, much to the amusement of my lawyer. A judge won't force you to stay married! It won't go to court- just ignore him and don't engage. How is he getting the money to do this? Ignore and push it through. Make sure all your finances are separated, he doesn't come round, and get on with your life.

When he contacts you, ignore him. Or write back once and ask him to stop. Keep a record of all harassment and your message asking him to stop. Just in case he becomes nasty.

If he refuses to sign the papers acknowledging divorce, ignore as he has a certain amount of days to respond - make sure he is given them by a person ( your lawyer will advise) so you can prove he has received them. If he replies via email or text saying he has them and won't reply that's also acknowledgement of receipt. Then you apply for the absolut and its all over.

You could always contact the home office ( not sure of their real name, tbh) and say your piece, inform them you are divorcing him on grounds of unreasonable behaviour ( I assume)

babybarrister Tue 24-Nov-15 07:53:06

you cannot get divorced unless you have been married for a year - you may be able to get the marriage annulled but this is highly unlikely - have a read of the matrimonial causes act 1973

You also have an obligation to keep the Immigration authorities informed of any change in circumstance in relation to anyone whose visa is dependent on you

the court has plenty on powers to conclude that a person has been served with proceedings if necessary - if your ex disputes the basis for the divorce then you will just have to have a hearing - which no doubt you will win - IF YOU REPETITION AFTER A YEAR. courts simply do not refuse divorces unless there is some technical reason such as not being married long enough!

Ivonica Tue 24-Nov-15 08:16:35

Thanks to both of you. This is really useful advice.

We separated after being married for only a few months; however we got married 2 years ago, so i can get divorced hopefully.

I'm trying not to interact with him at all. Our finances have always been separated so i can move on with my life in the meantime.

I feel reassures that certainly no court in this country will force me to stay married. But i dread the court and lawyer fees if we have to go to a hearing! It seems that in some cases there isn't even a hearing. Fingers crossed this is going to be the case.

Thanks

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