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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am married to a senegaleese we are not together and havnt

Resolved Question:

i am married to a senegaleese we are not together and havnt reported this. five years have passed and he has his citizenship here in britain. he owes me alot of money also i have put money into a house in senegal. i do not know exactly where he is, i am thinking of going to senegal with the help of someone i know in senegal to try and retrieve some of this money or to sell the house. my plan was to go to the british embassy in senegal to find a lawyer to help me. not sure what to do and how to go about it. can you give me any advice on this.
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi

Have you commenced divorce proceedings?

Tom
Customer: replied 4 years ago.

No I havnt done anything yet but I feel it is time to sort everything out. I need to get something back from this situation and only now feel ready to take him on


 

Customer: replied 4 years ago.

No I havnt

Expert:  Thomas replied 4 years ago.
Hi

I will answer at 9am.

Tom
Expert:  Thomas replied 4 years ago.
Hi,

Sorry, can you please also confirm that you live in the UK and have done for at least the past year?

Tom
Customer: replied 4 years ago.

Yes I live in the UK and I am british

Expert:  Thomas replied 4 years ago.
Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

If you are still living in the UK and have been for the previous year then you can submit a divorce petition in a UK court. This will be issued by the court.

If you have been separated from your husband for a period of two years then you can get a divorce in the UK based upon that separation provided that you husband consents to this.

If you have been separated from your husband for a period of 5 years then you can get a divorce in the UK based upon that separation without the need for your husband’s consent. However, you would still need your husband to have been served with the divorce papers and acknowledge receipt.

Because of the complicated nature of your financial arrangements I would strongly advise that you have a consultation with a local family solicitor advising them initially that the divorce may involve some assets outside of the UK.

You should take full details of the assets of the marriage to the consultation and ask what you are looking at in terms of financial settlement and what is the solicitors opinion of the best way of dealing with the foreign assets.

They may say that you need to also have a consultation with a Senagalese lawyer to get their advice on the position as to the Sengalese assets. They may say that separate proceedings are required in Senegal to resolve the issue.

IN the UK though, there is no question that your position is best dealt with via a divorce and matrimonial financial settlement, but you really need specific advice on this and they only way to get it is to attend a family solicitor locally in person with full details of the matrimonial assets. They should also be able to give you information about contacting Senegalese solicitors and may be able to put you in touch with a firm that has offices in both the UK and Senegal.

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Kind regards,


Tom
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