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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1100
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I GOT MARRIED IN CHINA[HARBIN] IN 2012. I DID NOT SIGN AN AFFIDAVID

Customer Question

I GOT MARRIED IN CHINA[HARBIN] IN 2012. I DID NOT SIGN AN AFFIDAVID IN BEIJING; I WAS TOLDF THAT I DID NOT NEED ONE BY MY WIFE TO BE.FIRST OF ALL I WENT WITH MY WIFE TO BE, TO A PLACE I HAD TO FILL IN A FORM IT WAS WRITTEN IN CHINESE, I DO NOT UNDERSTAND CHINESE AND SHE DO NOT SPEAK OR UNDERSTAND ENGLISH, WE WERE INTRODUCED BY A FRIEND. I WENT TO VISIT HER IN HARBIN AND CAME HOME MARRIED. WHAT I WANT TO KNOW IS, IS MY MARRIAGE LEAGLE. THEN WHAT DO I NEED TO DO TO GET A DIVORCE. THANKYOU
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are you residing in the jurisdiction of England and Wales?
- do you have an address for your wife in China?
Kind Regards
Caroline
Customer: replied 1 year ago.
question one yes =question two yes. The address in China is Li Ma [her name] address is, 99 San DaDong Li road
Xiang Fang Qu, Harbin City, Heilong Jiang, China post code 150040
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I will prepare you a full answer.
This will take me about 10 minutes.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thankyou very much, i will await your reply. kind regards john.
Expert:  ukfamilysolicitor replied 1 year ago.
Dear *****
My sincere apologies for my delay in responding to you. My computer decided to freeze and I am now retyping my answer for you.
Marriage is simple in China and therefore as long as you have signed the marriage certificate - it will be legally recognized in the UK.
The first thing you need to do before you can petition for divorce is to obtain a certfied translation of the marriage certificate into English. There are lots of companies on line that can do this and you should be charged about £50.
You will need to send your original marriage certificate to the court when you apply for divorce along with the certified translation.
The next thing you need to do is decide which ground by which you seek a divorce. The grounds are adultery, desertion, 2 years separation with consent, 5 years separation without consent and unreasonable behaviour.
As your wife does not agree to a divorce - you will not be bale to petition on two years separation. The most comonly used petition is one of unreasonable behaviour. This is often referred to as a 'quickie divorce'. For this type of petition you need to detail 6/7 reasons why you can no longer remain married. This is subjective and can be reasons such as 'she didnt pay me enough attenation.'
You need to fill in a divorce petition form to start a divorce. This is the form you need:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf
You must include your:
-full name and address
-wife’s full name and address
-marriage certificate - the original certificate and the certified translation
You will have to pay a £410 court fee to start a divorce. Cheque payable to HMCTS
Once you have filled in the form:
send 2 copies of the divorce petition form to the court
keep your own copies
This link will help you with where to send your form:
https://courttribunalfinder.service.gov.uk/search/
Once the court receive the forms - they will issue the papers and send a copy to your wife. Your wife should respond to say that she agrees.
If your wife does not respond then you will have to have the papers personally served on her in China. You should instruct a local agent in China to do this and they should prepare a short sttaement for the cuurt to conifrm that they have done this. Once this has been completed - if your wife still does nto respond then you can carry on wih the divorce without any further input from your wife.
Once your wife has done this - you can then apply for decree nisi on these forms:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=154
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=150
6 weeks and 1 day after decree nisi has taken place you can apply for decree absolute on this form;
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1114
Then you are divorced.
Please don't hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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