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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33523
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 am currently going to move to the UK having a spouse

Resolved Question:

Hi,
I am currently going to move to the UK having a spouse visa. Both my husband and myself have certain assets such as cash savings, deposits, equity and bonds investments.
I have the following questions:
1/ Am I right that my marriage will be legally recognized in the UK in case we register in Gibraltar but have a permanent home in the UK?
2/ In case I would like to divorce my husband, UK citizen, having a spouse visa but not yet being a UK citizen will I necessarily need to do it in the UK? Or will I have the right to do in the country of my citizenship? Suppose we have a permanent home in the UK.
3/ What happens when a marriage breaks down and we both agree to divorce but do not comply with any of 5 grounds stated for divorce (no adultery, unreasonable behavior, desertion or leaving apart)? How much time will it take to obtain a divorce in that case?
4/ I am planning to transfer my assets to the UK once I move and my bank accounts in the UK will be opened. We are also considering opening a joint account in the UK. Will my husband have legal rights to claim the funds on such joint accounts in case of divorce? Same question with regards ***** ***** personal accounts/other assets.
5/ Once I move and settle to the UK we are considering buying a flat, so most likely we will need to get a mortgage. I suppose it will be issued to my husband, not to both us, given my status of a newly immigrant without banking history in the UK. Will I have any rights for this flat in case of divorce and a) there is my contribution to the mortgage repayment and b) my husband will be repaying it solely by himself?
6/ What happens with the assets I had before marriage in case we divorce? Suppose I had a flat that was bought before we got married, what happens with it after the divorce?
7/ Is it true that in case we divorce and I have to leave the UK due to immigration rules, I won’t be able to take our child with me most likely as UK court will tend to think it is safer to keep the child in the UK rather to allow him to leave the country? Suppose our child has both UK and my home country’s nationalities.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
1. If you are legally married in the country the ceremony took place then your marriage is valid in the UK wherever you live
2, You can divorce in the Uk or in any other country where you are eligible to issue a petition
3. It is not difficult to have an Unreasonable behaviour Petition - the behaviour does not have to be appalling - just annoying - otherwise you will have to live apart for two years
4. If there is a divorce all assets are considered by the Uk courts whether held in joint or sole names
4. You will have matrimonial home rights in the property no matter whose name is ***** ***** deeds
6. All assets are taken into account - but the relative capital contributions are also considered so you may well be awarded a larger share of the capital
7. You will need the permission of the father or a Court Order to move the child out of the country - however if the court will not agree to the move then you will be able to remain in the uK with your child
I hope that this is of assistance
Clare
Customer: replied 1 year ago.

Thank you Clare.

3/ Is it what couples normally do in the UK when they both agree to divorce just because they don't love each other anymore? It sounds a bit humiliating to me to fill in Unreasonable behavior Petition in case we just mutually agree to divorce

4/ So do I understand correctly my husband may claim for my personal accounts in case of divorce?

5/ What does it mean? Will I be able to claim, say, half of the property if the mortgage is issued on my husband's name only?

6/ All assets including those that we both owned before we got married? The country I am coming from has different legislation where only the assets we obtained during the marriage are taken into account in case of divorce. I am trying to understand how UK law works in this particular case

7/ Am I right that in case the father agrees we don't need to go to court? Also, my question about UK court practice has not been adressed.

Expert:  Clare replied 1 year ago.
Hi
3. Yes they usually agree a mild behaviour petition or one of them admits adultery - unless they are willing to wait for two years
4 and 5 and 6. In Uk law the family court has the power to redistribute the financial assets in any way that the Court feels fit taking into account the issues set out in this leaflet
https://www.kingsleynapley.co.uk/assets/files/leaflets/Family%20factsheets/Section%2025%20Factors%20factsheet.pdf
Realistically if it is a short marriage the court will try and ensure that you leave with what you brought - provided this leaves any children properly provided for and both parties in a reasonable financial situation
6. The Court will decide what is best for the child based on the needs of the child - and are as likely to agree to the child leaving the country as they are to prevent it
Clare
Customer: replied 1 year ago.

Thank you Clare.

One small question remained unadressed - 7/ Am I right that in case the father agrees I leave the country together with the child we don't need to go to court?

Expert:  Clare replied 1 year ago.
Hi
My apologies - you are indeed correct - but do get his agreement in writing!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33523
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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