bare talaq and its validity by the UKBA for new spouse visa

[abdulraheem123]

Any help with this query will be really appreciated

As i got married in azad kashmir a few years ago i now need to apply for a divorce so that i can apply for a spouse visa for my new wife. my ex-wife has never entered the uk and is domiciled in azad kashmir.

UKBA gulidelines state:
http://www.ukba.homeoffice.gov.uk/polic ... 3/#header6

"The MFLO procedures have not been formally extended to Azad Kashmir. The only form of divorce which can be recognized there is the traditional bare form. If a bare talaq divorce takes place in Azad Kashmir, it will be recognized in the UK only if:

-the husband and wife are both domiciled in Azad Kashmir, and
-neither partner has been habitually resident in the UK in the year immediately preceding the pronouncement of the divorce."


The questions i have after reading the UKBA guidelines is

1. i have a british passport (born in uk) and a pakistan passport, i live in UK and only visited pakistan for about 3 weeks in total, can i be classed as domiciled?
2. are the ukba trying to say that for a bare talaq to be accepted i have to saty outside of UK for 1 year?

[abdulraheem123]

If I get a Kashmir court order for the divorce , would ukba accept it, even though I am domiciled in uk,

[MPH80]

1 - no
2 - yes
3 (in the separate post) - no idea.

[Amber]

See also, SET13 - Overseas divorces (click).

[abdulraheem123]

Thanks for the replys,

I did read something about the Kashmir courts somewhere but can't seem to find the details for that now.

I can't see why there won't accept the divorce if it's done by the Kashmir court ?

[abdulraheem123]

Found this entry clearance guidelines,

"Instances are sometimes encountered of bare talaqs in Kashmir purporting to have been converted into full talaqs by notification to the Union Council. However, the Muslim Family Laws Ordinance does not apply in Kashmir and therefore such notification has no effect and the divorce is still a bare talaq.
It should be noted that it is possible to obtain a dissolution of marriage in either a Family Court or the High Court in Azad Kashmir. Such divorce decrees are "proceedings" and should be considered under Section 46(1) of the Family Law Act 1986."

The question I had was, would this apply to me?
Will my divorce be valid in uk and for the UKBA if I get a Kashmir court order divorce?
As I live in UK and am not domiciled in Pakistan,
But my divorced wife does live in azad Kashmir, and has never been to the UK
Any help is really appreciated