Divorce and 2nd marriage immigration

[alifanar]

Hello to everyone!

I am a UK citizen, got married in Pak many years ago. My wife is a UK citizen too now. Unfortunately, we have to go through divorce, but divorcing in the UK is a lengthy process via legal-aid. We never had any marriage registration in the UK, we do have kids.

My questions are:

1- May I file a divorce in Pak as both of us are also Pak citizens too?.

If I do so, I may get the court verdict (Talaq Papers) in shorter time and can obtain authentic translation, stamped by a solicitor 'as original', verified by Pakistan foreign office and m/o Religious affairs in Pak.

Then, secondly, I may also get the receipt/acknowledgement of the above document from my present wife (that time, would be ex-wife).

2- Would these 2 documents be recognized in the UK, and enough prove to apply for immigration for a 2nd wife?

As our Nikah nama (Marriage Deed) and its authentic translation stamped by the a solicitor 'as original', verified by Pakistan foreign office and m/o Religious affairs - was recognized earlier in case of my present wife's immigration.

Any one kindly advise me.
Regards

[Casa]

As you are both UK Citizens and neither of you are habitually resident in Pakistan, a divorce outside of the UK will not be recognised under British law.
This explains the ruling:
http://www.ukvisas.gov.uk/en/ecg/settle ... s#18913072

It makes no difference that your marriage wasn't registered in the UK. British law doesn't require you to do so.

[batleykhan]

As you are both UK Citizens and neither of you are habitually resident in Pakistan, a divorce outside of the UK will not be recognized under British law

But they are Pakistani citizens, as Pakistan allows dual citizenship.

If I am correct in saying that if they were both living in Pakistan for more than 90days continuously and then started divorce proceedings under Pakistani laws, then the divorce will become valid under Pakistani law, ( takes about 3 months, unless women is pregnant in which case takes a bit longer) and once its valid under Pakistani law, it is accepted for immigration purposes.

Its pretty complicated, but not long ago we had a similar post from someone else, but just cant find post

[Casa]

Thanks for that Batleykhan. We don't know of course how willing the soon to be ex-wife would be to co-operate in hastening a divorce in Pakistan (if they complied with the requirement of residency you mention)...especially as there are children to consider.

[KPK]

I think at least one spouse must be domiciled or at least habitually resident in Pakistan but as Batleykhan says there was a post on here a few months ago where someone divorced his wife whilst both were on a visit there.

Also have a look at this thread:

http://www.immigrationboards.com/viewto ... sc&start=0

[Casa]

KPK, that was my understanding too. Notably, the divorce wasn't accepted as legal by the ECO and there doesn't appear to be any news of a successful appeal against the decision.