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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2295
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am planning to divorce my wife on the basis of her

Resolved Question:

Hi,I am planning to divorce my wife on the basis of her infidelity. She does not yet know that I know about her infidelity, although she is very aware that there are major problems in the marriage and in the last couple of months I have suggested the possibility of "going our separate ways" on the basis of major incompatibility issues.Soon she will be going abroad for about a month and I want to use her absence to break the news to her. She has some personality disorder/narcissist tendencies and I'm worried that when I break the news she might become aggressive, or damage property or my car or threaten my finances somehow. To protect myself my plan is to send an email 'Letter of Separation' about a week after she flies out of the country.She is actually foreign and has been in this country on a visa on the basis of her marriage to me. When I send the Letter of Separation I also plan to inform the Home Office and then they will cancel her UK visa. This means that she probably won't be able to re-enter the UK (she is from The Philippines). I see this as working in my favour.My main questions are:
1.) Is my email 'Letter of Separation' going to be a valid way of informally ending the relationship?
2.) Will I be able to obtain a divorce while my wife is not physically in the UK for the whole duration of the process?
3.) My evidence for her infidelity was a voice recording of a conversation between her and her lover. I am aware that it is frowned upon to record people without their permission, however it is very strong evidence of the infidelity. Would this evidence (audio file) be useful in court? Do you recommend presenting such evidence or would it backfire on me?Thank you for your time and attention.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. In response to your questions: 1. Yes, that would be fine to confirm to her that you are now formally separated.2. Yes, you can obtain a divorce from her if she is out of the UK - although you will need to serve her with the petition or if she does not respond to it, you will need to prove to the court that she has received the petition.3. In order to pursue a divorce under adultery, she has to confirm that adultery has taken place - for example by signing a letter confirming it. Otherwise you can apply under unreasonable behaviour and rely on the adultery - you do not need to set out in detail how you found out, but in the statement of case you can outline that this has happened and it is a reason for pursuing the divorce under unreasonable behaviour. If there are other issues of unreasonable behaviour to state that will further assist your application.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2295
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.
Please be aware that in fact it is highly unlikely that UKBA will cancel her spouse visa in this wayShe WILL be allowed to return to the Uk to deal with the divorce and of course she will indeed have a financial claim upon you in any event
Customer: replied 1 year ago.
HARRISYes I am an English citizen since birth and I am living in England currently.I believe there are several other examples of unreasonable behaviour that I could state for the court (though I don't have hard evidence for them). However, from your answer it seems that merely 'stating' reasons for divorce is sufficient for the court and the success of the divorce will not hinge on provision of hard evidence, correct?The answers are reassuring and I'm also assuming that my divorce lawyer will be able to help me through it and sort out the pieces of the puzzle that need to be acquired such as letters, etc.CLAREDoes that mean that she may be allowed to continue living indefinitely in the UK? The Home Office advice is usually very strict and I had thought that her presence here was dependant upon her marriage to me. It may even be a way to more peacefully resolve the situation as I know she'd prefer to stay in the UK if she could.Actually, if anything she has more financial assets than I do, so I might have a financial claim upon her. Anyway, I would be happy with a 'clean split'. I wasn't trying to avoid a financial claim, I am more worried about her turning psychotic or aggressive towards me, she has personality disorder(s).
Expert:  Clare replied 1 year ago.
I am afraid that UKV&I do not act swiftly in these matters to avoid any unfairness.However once you are divorced her right to be here may well end.
Expert:  Harris replied 1 year ago.
Hope it goes well - feel free to come back if you have further questions in the future. You can ask for me directly by starting your message For Harris

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