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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I married my husband in2012 in Aug & is on spouse visa. We

Customer Question

I married my husband in2012 in Aug & is on spouse visa. We both are having problems with each other. He works full time but does not spend much time home. Either he does does some charity work totally ignOring me even if I have some very imp scans. He says manage on ur own & would pay for the taxi. Or spends time with his friends drinking at the pub or invites them over.he drinks 2 or more pegs every day & sometimes more if with friends. I have tried everything to reduce but we end up fighting.
If fights get serious he ends up beating me. He has been married before & divorced & has a boy who lives with his mum. After the 1st divorce he got married again in India but that marriage did not last long as he says the girl turned out to be a prostitute & him & his family were cheated by the girl's family. He did not divorce her and cancelled her visa. She never joint him in the uk.
He married me in 2012 & did not tell me about his 2nd marriage in India. After the wedding he told be about it. I did not know what to do as I had given up my job & also surrender my work visa. I had nowhere to go.
I told him to divorce her as he has married me but his family did nothing. Now his father is trying to sort this matter but it's so complicated that I don't know what is happening.
I am fed up with his bad habits. Actually he lied to me that he doesn't smoke & drinks occasionally. Where as he smokes when I am not with him. I cannot tolerate it as my religion doesn't allow to smoke & he lied to me about all this & mow says he is an atheist.
He has a house which is on his & his dad's name.
If I decide to leave him because he lied to me that he has been married once & not twice, he drinks & smokes, & also sends flirt texts to a divorce woman who comes for the charity. When I confronted him he got angry that I checked his phone & later denied about all this. The main reason for him to go every Friday is that woman.
He says I should not say anything to him let him do whatever & he will look after me but he is not a man who wants to sit home & do any work. From cleaning to everyday shopping he asks me to do because evening is his pub time.
Please advice if I divorce what will I get from him.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Where did you get married and was the marriage legally recognised?

-Do you have any children together, if so how old are they and what will the proposed arrangements be?

-How much is his property valued, and how much mortgage is outstanding?

-Is the family home you live in owned or rented, whose name is ***** ***** and what is the value and outstanding mortgage?

-What other assets do you both have, together with values?

-What are your respective incomes?

Customer: replied 1 year ago.
Hi
Thank you for the quick response.
I married him in Birmingham & it was a legal marriage as I have the marriage certificate
We don't have children as had a couple of miscarriages
The house he owns is a joint property on his & his dad's name. His dad lives in that house. We lived in that house from Aug 2012-March 2013. My in laws were very bad so they asked us to move out & now we live in his dad's house. The house is on his dad's name.
My husband pays mortgage for the house he owns (a joint property) & if I am not wrong it's just £50000 more left towards the mortgage. But we don't live in that house. The house value would be £. 4,20,000
As per the will the the entire property would only come to him when my father in law dies.
The house we live is on my father in laws name & is mortgage free. The value I think would be between £100,000-£130,000
We don't have anything together on papers but most of the stuff in the house I bought from my money. Rest of the bills, expenses he pays. I don't pay anything. We don't have any bank accounts or anything joint. I have asked him so many time but he doesn't listen. His ex had everything together & when she left him she took everything off him . I think that is the reason he doesn't do anything like that not even the home insurance
His salary is around £42,000 p/a, I don't have a job at the moment, otherwise I work as a nursery manager.
Customer: replied 1 year ago.
I don't want to divorce as I love him very much but his habits are too annoying.
I had a good job which I gave up because of our wedding
Customer: replied 1 year ago.
I hold Indian passport and now on spouse visa.
Expert:  Harris replied 1 year ago.

Thank you for confirming. Firstly, the home you live in - as it is not in his name at all, you would have no rights to remain or claim the property if you separated. However, you would be able to pursue a financial relief claim in relation to his share of the other property, as well as potential spousal maintenance if you are unable to meet your reasonable needs from your own income or benefits.

In relation to the spouse visa, you will need to inform the Home Office if you separate - they will not necessarily ask you to leave the UK, but will assess your case and decide if you should remain.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
Hi
What about his 2nd marriage in India & got married to me without telling me anything about it. If such topics do come up we end up fighting.
Where do I stand with all this.? I feel so cheated & let down in life.
Expert:  Harris replied 1 year ago.

I do not know what the law states in India regarding polygamy and whether his marriage there is legal or not. However, his relationship would be considered unreasonable behaviour which you can rely on when applying for a divorce in England?

Customer: replied 1 year ago.
On such circumstances would I be surly given a visa to stay & what about him? Will he be arrested for marrying again with out divorcing the previous wife? His marriage was legal as the home office was informed about all this
Expert:  Harris replied 1 year ago.

As he did not remarry in England it would be something for Indian authorities to deal with.

In relation to the Home Office, as you have stated that he has previously beaten you, if there is police evidence to confirm this you can apply to remain in the UK due to the domestic abuse. Otherwise you can consider applying to settle in the UK or the Home Office can provide you discretionary leave to remain.

If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
Hi
My last question to you. I did call the police once but when the police arrived I changed my statement. They spoke to my husband & also questioned me about the scratches on my face. They were in the for 10-15 min as they saw broken glass in our bedroom
But I denied because I did not want him to be in trouble
Would that be an evidence?
Expert:  Harris replied 1 year ago.

For Home Office purposes you will need evidence of a court conviction or caution to fully support the police involvement - if the police did not take any action, it will be difficult to use as evidence. Furthermore, you will need to provide evidence that the violence caused your relationship to breakdown permanently and that the relationship broke down in the probationary period of your visa.

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