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Divorce advice

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Lulu588
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Divorce advice

Post by Lulu588 » Sat Jun 13, 2015 4:18 pm

Hi,
Im in real need of some good advice from people who deals with divorces as i havent got any idea of how the process of divorce works here in the UK.
Im an Azerbaijani citizen married to a British citizen since 2009, we have a 2 year old child. I received my ILR in 2012.
My husband been working in Azerbaijan when we met there and we came to the UK to get married.
I had to leave my job in Azerbaijan as He had a rotational job which required travel every other month.
Now we just cant get along anymore and i decided to divorce. When we discussed that its over he said that i should go back to azerbaijan to my family and that he will only provide some money for maintaining our child which is 300£ (he is paying 600£ for his 2 kids from previous marriage at the moment).
Im not planning to leave UK as our child just blended in a routine going to nursery etc . We only moved back to live in the UK full time 6 months ago as husband lost his job and i dont want to cause stress to our child again by changing homes /countries.
He says that the house we live in at the moment is his ,because i didnt pay any mortgage (despite the fact that he never wanted me to get a job) and that he wouldnt bear any financial responsibility for us as he has been made reduntant a month ago. he is fine with the fact that he wouldnt be able to see our child if we will move out of the UK.
I would like to know if there is a chance in getting divorced and making him responsible financially , or court would represent the interests of british citizen above mine as im not a uk citizen?
I sincerely hope to hear some of your sensible and helping advices .
Thanks in advance.
Lulu

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CR001
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Re: Divorce advice

Post by CR001 » Sat Jun 13, 2015 4:24 pm

Your query is not immigration related so I doubt anyone here could offer you advice. Your ILR status though should be fine as you are no longer dependent on your spouse for immigration purposes. You would not be discriminated against in any divorce proceedings because you are not British though so I don't think you need to worry about that aspect.

Best advice would be is to contact Citizens Advice Bureau and they might be able to explain the process and offer some advice.
Char (CR001 not Casa)
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Lulu588
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Joined: Sat Jun 13, 2015 2:05 pm

Re: Divorce advice

Post by Lulu588 » Sat Jun 13, 2015 4:28 pm

Thank you very much for your promt reply.
Sorry i didnt know where to post my topic , i didnt find a suitable title
Thx
Cheers

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CR001
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Re: Divorce advice

Post by CR001 » Sat Jun 13, 2015 4:33 pm

No problem. This forum only deals with immigration matters.

Citizens Advice would be best for legal advice or if you have a law centre near you they would also be able to help you. You can also contact your local council housing department or Shelter if you might face homelessness.
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Lulu588
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Re: Divorce advice

Post by Lulu588 » Sat Jun 13, 2015 4:47 pm

CR001 wrote:No problem. This forum only deals with immigration matters.

Citizens Advice would be best for legal advice or if you have a law centre near you they would also be able to help you. You can also contact your local council housing department or Shelter if you might face homelessness.

Will contact citizens advice bureau . Thanks a lot.

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Re: Divorce advice

Post by CR001 » Sat Jun 13, 2015 4:52 pm

You are welcome and I hope that everything works out for you, I know how difficult these situations are. :)
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Obie
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Re: Divorce advice

Post by Obie » Sun Jun 14, 2015 4:54 pm

I agree with CR001, that this is an immigration forum.

However just to add something if that will offer you any comfort, the Child Support Agency will not deal with you any differently if you are a non national, provided your estranged spouse has the means, he will be compelled to pay his fair share and your nationality will not be an hindrance.
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UKBA HUNTER
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Re: Divorce advice

Post by UKBA HUNTER » Sun Jun 14, 2015 8:22 pm

I am afraid that most CAB now are referrals to private solicitor. Few things keep in mind that divorce involve split of finance and kids arrangement is very difficult process and if your partner don't agree for divorce then this divorce will be highly expensive which you cannot estimate and may loose your entire life saving/trapped in debts. Secondly it will be more likely that you won't get anything from his mortgage. Better to reconcile the differences by attending family counselling sessions or informally gather family members to help to fix relation. If he has no job for meeting financial needs then you may start work too while the kid in nursery or he look after him when you work.
"Words build bridges into unexplored regions" Adolf Hitler

Greenie
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Re: Divorce advice

Post by Greenie » Tue Jun 16, 2015 8:57 pm

UKBA Hunter I am not sure why you think that the OP won't be entitled to any share of her husbands house give than this is a marital assett. The fact that she hasn't paid the mortgage doesn't mean that she won't be entitled to a share of the value of the property. She may even be able to argue that she should live there with the child.

LuLu558 you might find this page helpful for some basic info on divorce and financial arrangements

https://www.gov.uk/money-property-when- ... s/overview

This is also a good forum www.wikivorce.com

UKBA HUNTER
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Re: Divorce advice

Post by UKBA HUNTER » Wed Jun 17, 2015 12:56 am

Greenie wrote:UKBA Hunter I am not sure why you think that the OP won't be entitled to any share of her husbands house give than this is a marital assett. The fact that she hasn't paid the mortgage doesn't mean that she won't be entitled to a share of the value of the property. She may even be able to argue that she should live there with the child.

LuLu558 you might find this page helpful for some basic info on divorce and financial arrangements

https://www.gov.uk/money-property-when- ... s/overview

This is also a good forum http://www.wikivorce.com
I think a simple common sense you not able to grasp. Op's partner has no job and he was paying mortgage before. But if he not being able to pay then the authority will repossess the house. Moreover, if op partner not agree then the divorce cost will be so high that she may go in debts. There is no support available for contested divorce.
"Words build bridges into unexplored regions" Adolf Hitler

Obie
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Re: Divorce advice

Post by Obie » Wed Jun 17, 2015 12:59 am

Please lets cut the anti and try and be civil to each other.

We have a responsibility to show respect for each other even if we don't agree with their views.
Smooth seas do not make skilful sailors

Amber
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Re: Divorce advice

Post by Amber » Wed Jun 17, 2015 8:31 am

Under the Matrimonial Causes Act, for those who are married, the courts will look at the yardstick of equality, an equal split, unless circumstances dictate otherwise.

Best to seek legal advice, see the law society website and find a solicitor who offers first interview free if possible.
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