getting a divorce in the uk courts for the ex-wife who has

[abdulraheem123]

Does anybody know if getting a divorce in the UK courts for the ex-wife who has never been to the uk is something which can be done?

the ex-wife is resident in pakistan, and has never entered the uk. i am a british.

i am just trying to avoid an unnecessary trip to pakistan just to apply for the divorce as i am self-employed its hard to take time off work as i dont get holiday pay

[abdulraheem123]

i forgot to mention the marriage took place in kashmir
and i am hoping the UKBA will recognize my divorce to her if i do the divorce in the UK, as opposed to getting the divorce done in kashmir where the ex-wife lives

[CR001]

unless you have been seperated for5 years, she will have to complete and sign the papers issued by the court before the process starts. a divorce here also takes longand it can be about3 to 6months for the decree absolut to be issued.

[abdulraheem123]

unless you have been seperated for5 years, she will have to complete and sign the papers issued by the court before the process starts. a divorce here also takes longand it can be about3 to 6months for the decree absolut to be issued.

thanks for that reply CR001

i got a feeling that the wife will either not reply to the court papers or make some stupid demands, i dont know how the divorce process works in the uk, but what might happen if she doesn't reply or she makes some demands etc ?

[CR001]

If you have not been separated and living apart for 5 years or more, she will have to sign consent, which is the papers the court send her.

1. You apply for a Petition to Divorce at the court and pay a fee of approximately £350-£500. You are the Petitioner. There are 5 grounds that you can choose from to petition for divorce.
2. The court draws up the paper for the respondent, who is your wife and sends it to her.
3. She has to complete the form and send it back to the court within a certain time, usually 10 days - this is a 'no contest' declaration
4. The court then does whatever is necessary etc
5. After about 10-12 weeks, a decree nisi is issued
6. I think about 6 weeks after the decree nisi is issued, you apply to the court for the decree absolute
7. You are then legally divorced

You also don't need a solicitor as the court will help you with advise or the CAB can help you complete the forms. It is quite simple but just takes a long time for the process.

For example, I have been separated for almost 2 years, so in May 2014, I will apply for the petition and my husband will get the papers and complete them and send them to the court for the process to start.

If you have been separated for 5 years or more, she will not need to sign anything and only your signature etc is required. The divorce will then probably be based on desertion.

[abdulraheem123]

thanks again for the reply

we have been separated for about 2 and a half years,
so when the uk courts issue the divorce to the ex-wife who is in pakistan (and has never been to the uk), would this divorce absolute be recognised in pakistan?

was your husband also from pakistan?

[CR001]

I am not sure if it will be recognised in Pakistan, maybe a moderator can advise, but for the purpose that you need the divorce, a UK one will be fine to prove you are free to marry and apply for a spouse visa.

As the Petitioner in the UK, you will get the decree nisi and decree absolut. If your wife needs it, she will have to apply for it from the UK courts herself and she can get the decree absolute about 6 weeks after you get it.

My husband is British and I am South African and our marriage and divorce will be recognised in the UK and in South Africa and the South African embassy etc.

[abdulraheem123]

thanks again for the advice,

i am hoping that when i do this it takes less then 3 months to get the divorce absolute, as a 6 month process would not work out too good for me

[CR001]

It can be quick if there are no children and assets involved, which is my situation as well, so also hoping for a quicker dissolution of marriage than a long protracted one. In South Africa, it would take a total of 4 weeks from start to finish, so might still do it there!!

Hope everything works out for you. Shout if you need anything else.

Char

[abdulraheem123]

thanks again,

no children or assets are involved,

i just read on the www.gov.uk/divorce/respond-to-a-divorce-petition that if the spouse disagrees with the divorce there may have to pay a fee of £245, which i doubt there will be willing to pay,

and if a divorce is defended on both sides the court will usually hold a hearing to discuss the case.

i dont know whether there will ask my spouse to attend a court hearing in the uk as how will she get here without a visa?