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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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've been with my partner last 5 years and we have 3 years

Resolved Question:

I’ve been with my partner last 5 years and we have 3 years old daughter. My partner was illegal immigrant and holding Philippine citizenship .She has recently applied for some sort of custody visa over our daughter so we told home office we are no longer together it was an advice from our solicitor and then in a short time period she had 10 years visa. However we have now decided to get married and we will inform home office accordingly. My question is, my partner is legally married and has two kids back home country. And she has no contact with her husband and the husband doesn’t accept the divorcement at all. We already got some information that she can get married in the UK without getting divorce with her husband, she only needs to publish in the newspaper that she is no longer in marriage with him etc. and she needs a solicitor to appoint them to do the process Could you please provide me the full information how to get married in the UK? Many Thanks Ozan

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am sorry but you have been misinformed.
There is no way that your partner can remarry unless and until there has been a divorce ending her marriage to her ex.
What she can do is issue a divorce Petition here in the Uk based on the fact that she and her ex have lived apart for more than five years
She will have to ensure that the papers are personally served on her ex - but apart form that the divorce shoudl go ahead without any great delay
Please ask if you need further details
Clare
Customer: replied 2 years ago.

After issuing the petition and serving the documents to the husband.Can we get married?

Expert:  Clare replied 2 years ago.
Hi
Not until the Decrees Nisi and Absolute have been granted
Clare
Customer: replied 2 years ago.

I'm sorry but I'm a bit lost.So meaning to say, she also needs to go to her countrie's court to get divorced.I also dunno what does " Decrees Nisi and Absolute" mean?

Expert:  Clare replied 2 years ago.
Hi
Your partner needs to issue divorce proceedings here in the Uk and follow the process through
The process is set out here
https://www.gov.uk/divorce/file-for-divorce
It will take about four to six months
It will take place here in the Uk - but she will have to get the papers serve don her ex in the UK so that the court can know that her ex has seen the Petition
Clare
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