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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34504
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner was married in India and did not register the marriage

Customer Question

My partner was married in India and did not register the marriage in the UK. His wife left him over 2 years ago with their child. He's now looking to get a divorce but is unsure as to how to progress.
Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does he have a copy of the Marriage Certificate - if not can he obtain one?
Does he know where your ex is?
Clare
Customer: replied 3 years ago.

As far as I'm aware he does have the certificate and he is aware of where his ex lives

Expert:  Clare replied 3 years ago.
Hi
Will his wife agree to the divorce?
Clare
Customer: replied 3 years ago.

He's hoping so but there's no guarantee that she will

Expert:  Clare replied 3 years ago.
Hi
As a starting pint he should write to his ex and ask her of she will agree
He should send her a document to sign and return if she does - simply stating that she agrees to a divorce based on the fact they have lived apart for more than two years
If she will not agree then his only option is to issue a Divorce based on her Unreasonable Behaviour
The process is the same either way and is described here
https://www.gov.uk/divorce/file-for-divorce
He will need an Official Translation of the Marriage certificate if it i snot in English
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Does the fact that they married abroad and didn't register the marriage in England mean he still has to divorce his wife in England?

Expert:  Clare replied 3 years ago.
Hi
There is no process or requirement for foreign marriages to be Registered in the Uk.
The Uk recognises foreign marriages and accordingly if he wishes to end the marriage then he will have to divorce her here in the Uk
Clare