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Pakistan Divorce Recognition in UK for Dual National

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BinaH
Newly Registered
Posts: 5
Joined: Mon Aug 15, 2016 7:44 am

Pakistan Divorce Recognition in UK for Dual National

Post by BinaH » Sun Sep 11, 2016 10:44 am

i actually already applied for my husband spouse settlement visa. I am in wait of outcome. Hitting 56 working days.
I was previously got married in Pakistan Feb 2014 and I straight came back after 2 days of my marriage. Things couldnt work out due to some problems. So we 2 decided for divorce. As things decided on very early stages so never applied for his spouse visa in UK and my marriage was not recognised in UK. He never came to UK as well. I sent the power of Attorney to my solicitor as my representative to deal with my Divorce ( Khula) attested from Pakistani embassy Birmingham. I am Pakistani national and British citizen as well. I have attached all court proceeding and union council divorce certificate as well with our spouse visa application. My proceeding started on 18/09/2014 and i once visited Pakistan meanwhile my proceeding on 13th of Jan 2015 til 27th Jan 2015 and i was in Pakistan when court announced divorce on 17th Jan 2015.
submitted court proceeding to union council in June 2015. I wasnt there. Divorce effective september. i wanst there. but i visited 4th of Oct 2015 and Union council issued certificate on 6th Oct 2015. I got married with 2nd husband on 9th Oct.

My question is as i was duel national and my x husband was never entered to UK. This Divorce (Khula) is Valid according to UK law? My lawyer mentioned in covering letter this way. Please see below. I am so worried for this point. Please reply.

Previous Divorce of Applicant Annex: G

The applicant sponsor was divorced from Previous relationship.

The Divorce certificate of Applicant sponsor is attached.

Note:

Please note the applicant’s sponsor is dual national and was married previously in Pakistan. The Divorce was obtained by way judicial of proceedings. This divorce is also acceptable as per UK Law. For your assistance Overseas Divorce law is copied here, please see the following link,

https://www.gov.uk/government/publicati ... rces-set13

SET13.4 Recognition of overseas divorces which took place on or after 4 April 1988

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

* it is effective under the law of the country in which it was obtained; and

* at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

The term ‘judicial or other proceedings’ requires that there should have been some formal proceedings, either before a court or some other formal body recognised by the state for that purpose (for example, in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

i got married 14th Feb 2014
Divorce proceeding started 18th sep 2014
divorce announced by court 17th Jan 2015( i visited Pakistan meanwhile 13th Jan til 27th Jan)
Applies in Union Council in June 2015
Effective Divorce 21st Sep 2015
Union Council Certificate Issued 6th Oct 2015 (I visited 4th Oct 2015 til 3rd Nov)
I married to my present husband 9th Oct 2015

Pervaz
Newbie
Posts: 32
Joined: Wed Dec 09, 2015 5:36 am

Re: Pakistan Divorce Recognition in UK for Dual National

Post by Pervaz » Tue Dec 13, 2016 6:49 am

Hi

Did you receive your visa or not yet ?

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