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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I got married in India to an indian man in 2005. When he moved

Customer Question

I got married in India to an indian man in 2005. When he moved over to the UK we never registeretd it, although we used the certificate which was in urdu to support his british citizenship. 8 years later we have broken up and he has gone back to india. My questions are - is the marriage legal in the uk? If it is, can i divorce him without his consent or will l i need to get his signature? What is the easiest and quickest way to go this? We have no children and no joint assets.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How long have you been separated and will your ex co-operate with the divorce
Claire
Customer: replied 4 years ago.

Hello - we have been separted since January 2012. Yes, he should do. I can't see why he wouldn't.But would like all my options if he won't too. He lives in a very remote part of india and so communication can be tricky. Does this mean that it is legal in the uk?


 


Look forward to your reply.


 


Thanks


 


Hannah

Expert:  Clare replied 4 years ago.
Hi
Yes I am afraid that since the marriage was legal in India then it is legal in the UK and you will need to issue a Divorce Petition in order to end the marriage
The easiest option would be to wait until next January and issue a Petition based upon the fact that you have lived apart for two years and your husband consents to the divorce
Make sure that you get a letter from your husband confirming his agreement in writing.
You will also have to arrange for the paperwork to be given to him personally so that you can prove that he has seen them
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 4 years ago.


Hello - thanks. Just one last question. When you mean prove that he has been given the paperwork personally - would by e-mail/scanned copies suffice?


 


Many thanks


 


Hannah

Expert:  Clare replied 4 years ago.
Hi
No I am afraid not - you will need to arrange for some one to hand them to him.
Claire
Customer: replied 4 years ago.
Hi, that's not going to happen, unless i get on a plane and meet with him which i don't want to do. What are the other options?
Expert:  Clare replied 4 years ago.
Hi
In general terms it is usually possible to employ someone to do this
Claire