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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am separated for 10 years dont know where my wife is she

Customer Question

I am separated for 10 years don't know where my wife is she is in a safe house if I marry again will it be iligal in uk or if I marry abroad where polygamy is allowed can I bring my wife over to uk without devorsing first wife as second wife as am afraid it will make problems with my children
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
You will have to obtain a divorce based upon the fact that you have lived apart for more than five years before you marry again in the UK.
If you marry abroad when polygamy is allowed then you will not be able to bring your second wife over on a Spouse Visa since you already gave a spouse in the UK
Claire
Customer: replied 3 years ago.
Even if I have been separated for ten years ? I don't want to divorce as could cause problems with my children I dont want to risk thatnI want to marry again how can I do please advice thank you
Expert:  Clare replied 3 years ago.
Hi
I am sorry but the length of the separation doe snot effect the legal position at all
What problems would a divorce cause for your children?
Claire
Customer: replied 3 years ago.
They are with her and she has been very difficult when it comes to contac with them and I don't want to make the children go through any more emotional hard ships with courts etc If I do get divorce on basis of 5 years apart can I do it with out her knowing ?
Expert:  Clare replied 3 years ago.
Hi
I am afraid that you cannot get a divorce without her knowing.
However a divorce should not cause nay hardship for the children - and if she continues to create problems with contact you can apply to the court for a defined contact order
Claire
Customer: replied 3 years ago.
Are you sure I can't get a spouse visa for someone I marry abroad if I get residence for that country as well then marry there legally in that country then bring her to live with me in uk as I have been told it has been done And how long can it take to get a divorce through and can you applay for spouce from abroad while divorce process is ongoing or not
Expert:  Clare replied 3 years ago.
Hi
Since you already have a spouse here in the UK unless your second wife is entitled to come to the UK in her own right then she will not be able to come here on a spouse visa.
A divorce takes between four and seven months and you will not be able to apply for the spouse Visa until the Decree Absolute has been granted
Claire

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