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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My question is, if a marriage is legally valid if

Customer Question

Hello,
My question is, if a marriage is legally valid if one has German nationality and the other Pakistani, both live in Germany, the Pakistani was born in Germany, the German was born in Pakistan and were represented by witnesses in Pakistan to make nikah and Pakistan registration but without being actually present in Pakistan and being in Germany ?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
As well the Pakistani never intended to move to pakistan
Customer: replied 1 year ago.
Precisley I want to know, what are the legal rights after divorce if children are involved.
Customer: replied 1 year ago.
Furthermore a marriage registration in Germany Standesamt was never been done.
Customer: replied 1 year ago.
The marriage date was summer 2006
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry.Your question has come through to UK immigration section. For the purposes of UK immigration, the rule on marriages is that the couple must have met at the time of the application. Marriages which will be legal in the country where it took place such as marriage in absentia, by proxy and by telephone will not be acceptable unless the couple have met by the time of the application. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
I understand now, that by Uk law marriages in absent are not valid,but my question was but what if somehow both parties signed a paper and gave consiencly or without awareness giving the consent, that someone on their behalf can marry them in Pakistan without the couple being in Pakistan ? Furthermore if due living together in germany the pakistani received german nationality, got "divorced" after divorce the one German mother with the child lives in London and after 7 years the party wants to investigate in London court shares costody rights ? As he believes marriage was valid ?
Customer: replied 1 year ago.
*father thinks he has shared custody rights and thinks marriage was valid, even being a German national by the time of marriage and both parties living in Germany.
Customer: replied 1 year ago.
German court already declared the marriage as not legally valid. Which means mother has full costody rights but now father wants to fight in London court despite still living in germany
Expert:  Frantz I replied 1 year ago.
It appears that this is not a UK immigration question. Your question relates to family law matters so I will have to opt out.
Expert:  Clare replied 1 year ago.
HIIt appears that my colleague ha snot been able to assist - my name is ***** ***** i shall try and helpFor clarity how old is the child and where does the child currently live?What is the father actually asking for?
Customer: replied 1 year ago.
The child lives with his mum in london and is almost eight. The father claims to have regular contacts with the child and also wants to have shared custody right. He also wants that the contact with the child develops in unsupervised contact and he wants to take the child to Germany for a family visit. The mother of the child fears, that the father could take him away to Pakistan. As he has threaten her, to do so. However the German court wasn't helpful and granted unsupervised contact and by the first unsupervised contact he hurt the mother of the child. Police had to be called by a bystander.
Customer: replied 1 year ago.
He has now, two own kids and wife. He claims to be happy and in peace with his family but he also claims to not be able to pay his lawyer and pay the child but he claims he could look after him .
Customer: replied 1 year ago.
Anyways, I am stopping it. The wait for an answer takes too long. I am not satisfied with the service.Bye

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