Recognition of overseas divorce, for spouse visa of 2nd wife

[zohaib1977]

I’m a dual national British/Pakistani man living in the UK. I married a girl in Pakistan three years ago, she came to the UK and lived with me couple of years but went back to Pakistan few months ago. She need to marry someone else now and asking me for divorce. I’m ok to do that but have two choices.
Initiate the divorce process in the UK or in Pakistan. As per English law, a divorce overseas is acceptable considering we both are Pakistani citizens and she is residing there now (Pakistani national, domiciled there).

I’ve been advised by some solicitors that its ok to send a notice of divorce process initiation to union council in Pakistan and appoint someone with special power of attorney to deal with any matters till divorce certificate is received after three months.

Recently, I’ve come across following

---------------------------------------------------------------------------------------------------------------------------
https://www.gov.uk/government/publicati ... april-1988

SET13.6 Talaq divorce in the UK

If a husband pronounces talaq divorce in the UK alone, the divorce will not be recognised.

If a husband pronounces talaq divorce in the UK and then notifies his wife and the Union Council Chairman in Pakistan or Bangladesh, the divorce will not be recognised. The UK courts have held that an overseas divorce is capable of recognition in the UK only if the divorce has been instituted and obtained in the same country outside the UK.

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Some experienced divorce lawyers after charging me well for their time advised that its common practice to initiate divorce process and send notice to union council from overseas. Above statement seems quite a contradiction. What is the interpretation of “instituted and obtained in the same country” , literal meaning of sending notice when I'm on Pakistan soil?

I would really appreciate if someone with first-hand experience or good knowledge of such situation can help. I intend to marry anther girl there in few months and like to avoid complications in her visa process if divorce is not recognised by UKBA.

Flying to file the divorce is a costly option and I would really appreciate your advice on this. (UK divorce with one person living abroad is an extremely lengthy procedure so we are avoiding it)

zohaib

[zohaib1977]

any suggestions guys??

[raholptl]

Hi brother
What happens with your divorce?

Thanks

[sunoo]

I’m a dual national British/Pakistani man living in the UK. I married a girl in Pakistan three years ago, she came to the UK and lived with me couple of years but went back to Pakistan few months ago. She need to marry someone else now and asking me for divorce. I’m ok to do that but have two choices.
Initiate the divorce process in the UK or in Pakistan. As per English law, a divorce overseas is acceptable considering we both are Pakistani citizens and she is residing there now (Pakistani national, domiciled there).

I’ve been advised by some solicitors that its ok to send a notice of divorce process initiation to union council in Pakistan and appoint someone with special power of attorney to deal with any matters till divorce certificate is received after three months.

Recently, I’ve come across following

---------------------------------------------------------------------------------------------------------------------------
https://www.gov.uk/government/publicati ... april-1988

SET13.6 Talaq divorce in the UK

If a husband pronounces talaq divorce in the UK alone, the divorce will not be recognised.

If a husband pronounces talaq divorce in the UK and then notifies his wife and the Union Council Chairman in Pakistan or Bangladesh, the divorce will not be recognised. The UK courts have held that an overseas divorce is capable of recognition in the UK only if the divorce has been instituted and obtained in the same country outside the UK.

---------------------------------------------------------------------------------------------------------------------------

Some experienced divorce lawyers after charging me well for their time advised that its common practice to initiate divorce process and send notice to union council from overseas. Above statement seems quite a contradiction. What is the interpretation of “instituted and obtained in the same country” , literal meaning of sending notice when I'm on Pakistan soil?

I would really appreciate if someone with first-hand experience or good knowledge of such situation can help. I intend to marry anther girl there in few months and like to avoid complications in her visa process if divorce is not recognised by UKBA.

Flying to file the divorce is a costly option and I would really appreciate your advice on this. (UK divorce with one person living abroad is an extremely lengthy procedure so we are avoiding it)

zohaib

Hi Zohaib,

Could you please tell me the outcomes of your divorce matter as I am in similar situation to yours. I would really appreciate your reply.

Regards

Ash

[Casa]

Zohaib only posted twice on the forum and hasn't visited since March 2015, nearly 18 months!

[sunoo]

Zohaib only posted twice on the forum and hasn't visited since March 2015, nearly 18 months!

I did see that Casa but I thought he may come back upon receiving a notification email to advise on the outcomes. His matter is the area of interest for many like myself and can help many others

[CR001]

Zohaib only posted twice on the forum and hasn't visited since March 2015, nearly 18 months!

I did see that Casa but I thought he may come back upon receiving a notification email to advise on the outcomes. His matter is the area of interest for many like myself and can help many others

Please stop posting in old threads and in other members topics. It clutters the 'current' forum. If you have a question, start your own topic.