Fiance visa advice complex case

[Johnohara]

Hi- just wondering to get some advice and trying ti plan ahead I am a british citizen
I am currently in the process of divorce with my ex wife we were 7 years married.
She came to the UK under the old SS route.

It’s been 8 months now i have met someone else and things are going well. ( after telling
Myself i will be single for a long time after my breakup) i guess things happen
For a reason
We been seeing each other every 3-5 weeks. Either me going to visit her or her coming to visit me here in uk. ( she has a visit visa for UK) if things progress well we will be looking at getting a fiance visa for her.

Do i need to wait for the divorce certificate before applying ? Considering i have been married before can they be tricky ?

Regarding accommodation im still living in the matrimonial home and 100% sure ex won’t want anything to do with it as I'm paying mortgage on my own. Me my ex are on the deeds and mortgage ( yet to discuss anything regarding this as she won’t talk to me ) if i manage to remove her from
The mortgage but she refuses to come off the deeds ( worse case scenario)

Can i still use this as accommodation to satisfy HO.
Council tax bills etc all under my name

For a fiance visa is there a guidance on how long you been in relationship for before applying ?

What other routes options i could potentially have

&to make it more interesting my girlfriend is also 2 months pregnant.

[JB007]

Do i need to wait for the divorce certificate before applying ?

Yes

Regarding accommodation im still living in the matrimonial home and 100% sure ex won’t want anything to do with it as I'm paying mortgage on my own. Me my ex are on the deeds and mortgage ( yet to discuss anything regarding this as she won’t talk to me ) if i manage to remove her from
The mortgage but she refuses to come off the deeds ( worse case scenario)

She has a share in the equity of the property, your pension, savings and capital, etc. Can you buy your wife out of the property? You need a financial agreement before you can divorce. Your wife can live in the property as it is hers too.

Getting a financial agreement

When you divorce or end a civil partnership you and your ex-partner need to agree how to separate your finances.

This includes deciding how you’re going to divide:

pensions
property
savings
investments

You might get things like:

a share of your your partner’s pension - including State Pension or private pension plans
regular maintenance payments to help with children or living expenses

You can usually avoid going to court hearings if you agree how to split your money and property.

Citizens Advice, social media, friends, will advise her to get your finacial agreement checked by a solicitor, to ensure it is fair for her. If the matter goes to court for the judge to decide, it will take longer.

&to make it more interesting my girlfriend is also 2 months pregnant.

It will be at least 6 months before you are divorced.

[JB007]

she has a visit visa for UK) if things progress well we will be looking at getting a fiance visa for her.

...
&to make it more interesting my girlfriend is also 2 months pregnant.

Your will need to pay when she uses the NHS, including for pregnancy. 50% is added to the bill.

[JB007]

I forgot to give the link.

https://www.gov.uk/money-property-when- ... nship-ends

[Johnohara]

I believe divorce is separate to financial agreement. So you can get divorced and decide on assets etc after.
It’s just the home that has to he sorted.

So theres no guidance on how long you have to be in relationship for fiancé visa ?

[AmazonianX]

I believe divorce is separate to financial agreement. So you can get divorced and decide on assets etc after.
It’s just the home that has to he sorted.

So theres no guidance on how long you have to be in relationship for fiancé visa ? No time frame or duration. You need to have met in person and in your case this requirement already met.

[JB007]

I believe divorce is separate to financial agreement. So you can get divorced and decide on assets etc after.

You can if you both agree to that, but you pay may have to pay tax on it. The divorce laws changed in April 2020 for England and Wales.

I was reading on another forum where the wife has halted the end of the divorce via her solicitor, until the court has decided the percentage of the financial split. They are now in the queue for the court hearing.

It is usually more straightforward to divide money and property before you apply for the final legal document to end the relationship.
...
You can divide money and property after your divorce is finalised or civil partnership has ended but it may change what you’re entitled to get and you may have to pay tax on it.

https://www.gov.uk/money-property-when- ... -to-decide

It’s just the home that has to he sorted.

It's everything that has to be sorted, including pensions, shares, investments, savings, land etc. Everything is added for a final total and then divided. It's not alwasy a 50/50 spilt either as your wife might be allowed a greater share of the total. That's why I asked before if you can buy your wife out of the house (if you want to keeo it).

Your sole name on the mortgage, just means you are the person who is liable for the mortgage payments and it is your credit record that will get trashed if a payment is missed. Her name is on the deeds as owner too and even if it was not, you are married and the equity in the house is used as part of your joint assessts (even if they are only in one of the couples name).

[JB007]

Regarding accommodation im still living in the matrimonial home and 100% sure ex won’t want anything to do with it as I'm paying mortgage on my own.

Your wife must take her full share of the joint assets. If she didn't and later asked for means tested welfare benefits, that would be classed of deprivation of assets. That would mean she would be treated as having that money and have benefits refused (or reduced), subject to it dimishing over time, based on the DWP calculations.