Help! Marrying a person with child India

[ibrahim9140]

Hi every one. I hope you guys can shed some light on my case.

I am thinking to marrying a girl in India who also has a child of age 5. Her previous marriage was not registered and she is living separate from her ex partner for about 3 years now.

My questions is would I be able to get married to her and what documents would I require to bring the child along with her mother.

If some one could share their similar experience it would be great help.

Thank you in advance

[ibrahim9140]

Any one please?

[CR001]

Not sure about her previous marital state, but she would need to prove that she is divorced for spouse visa purposes before you can marry her.

For the child, she will need show she has sole responsibility or that there is no objection from the child's father etc etc

https://www.gov.uk/government/publicati ... dren-set07

[ibrahim9140]

Thx for the reply.. Is there any other way without being divorced because as I said her marriage was not registered in any way and her ex partner want agree on getting this divorce.. If some one could please tell me any other way to get married to her.

Thank you.

[CR001]

For the purpose of a spouse visa, if either person has been married before, you have to provide evidence with your spouse application that you are free to marry, i.e. a divorce decree.

There is a question on the form relating to this which should be answered truthfully.

[Mauser1905]

Hello,

In paperwork context your case is can of worms. Sorry to state like this but better get solicitor involved for appropriate advice.

what does child's birth certificate say? India is not that advanced in single parent legal terms, if I am correct.

Sole responsibility: Court should still be able to give some paperwork for the child's mother in case the marriage was not registered. If marriage was not registered then there is no question of divorce.

Get in touch with good advocate in family court in India and get court paperwork proving mother has full custodial rights and this documents with other evidences of guardianship will be enough for UKBA.

In regards to her past relationship, not sure how to term in UK form's context.

regards

[ibrahim9140]

Thx for the advice guys... I will get the legal help and will let you know the outcome. Hope all goes well.

P.s The child birth certificate just states the mother name on it no father name.

[Mauser1905]

ibrahim9140,

in the case of birth certificate, your hassles are sorted to a great extent. Again my views.
as now she is sole person mentioned in birth certificate, no marriage therefore no divorce documents required. If as you say birth certificate is a strong supporting document showing the relationship, rather sole relationship between child and mother. This way no interaction with her ex will save lots of agony and hope saved time which will be in the best interests of the young child.

Keep us posted in this regards and all the best

regards

[ibrahim9140]

Thanks for the advice much appreciated.