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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a British citizen from Feb 2016 only . Me & My wife

Customer Question

I am a British citizen from Feb 2016 only . Me & My wife separated in 2013 and she has filed a divorce suit in India in 2014. Now, Is she entitled to file a divorce suit in UK after withdrawing the suit in India.
At the time of our Indian Legal marriage she had a student visa and I had a work permit. Our marriage took place in India.
In case it is allowed, what will be the financial implication for me. In case I am able to prove adultery charges, is there any relief for me under law?
Please advise.
Submitted: 7 months ago.
Category: Law
Expert:  chatham-chamber replied 7 months ago.

Hi,

Is your ex wife currently resident in the UK?

Expert:  chatham-chamber replied 7 months ago.

Are you ordinarily resident in the UK?

Customer: replied 7 months ago.
No, she is employed and resident in India. Although she has ILR.
Customer: replied 7 months ago.
I am a British citizen living in the UK
Customer: replied 7 months ago.
Also when taking into account the assets of my ex wife, does it include her inheritance that she is to receive in the future (the will has been registered by her father in India).
Expert:  chatham-chamber replied 7 months ago.

Hi,

Your ex wife should really be filing proceedings in India, however, she can file proceedings in the UK as you are resident in the UK.

When calculating the assets, it will not include future inheritance.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 7 months ago.
You have not provided with the answer to the question on asset and impact of her adultery.
Expert:  chatham-chamber replied 7 months ago.

Hi,

The issue of adultery is a reason for the divorce but I am of the opinion that it does not give you any other benefit.

What is your question regarding assets?

Customer: replied 7 months ago.
I just need to understand the thumb rule on division of assets. The reason I ask is because I paid all the mortgage on a property for 5 years and then I sold the property, although it was a joint property (she did not contribute to the up-keeping or mortgage at all). The proceeds were used to buy another property in India. Also, I now own a property that was purchased after our separation on 2013. How will the split usually work? Do I have any advantage as a result of my contribution towards both the properties when considering the division of assets?
Expert:  chatham-chamber replied 7 months ago.

Hi,

I am not a family lawyer but understand that he courts usually start at 50/50. The exact amount is decided taking into various factors such as children, what each parties contributed to the marriage, lifestlyle etc.

50/50 is generally a starting point and either party could get more or less.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 7 months ago.
I informed her of my intent to separate in early October 2013 in writing. But she has used my cheque books and also Debit card to withdraw money from the Indian bank accounts. Can this be classified as a Criminal Offence under law?
Expert:  chatham-chamber replied 7 months ago.

Hi,

if she has used your cheque book and cards to withdraw funds without your consent, this can be classed as a criminal offence and I would suggest that you contact the police.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 7 months ago.
The act has taken place in 2013. Can I contact the UK Police now, as I received the information only now. She is in India and how will the UK police help me being a British Citizen. What course of action can be expected?
Expert:  chatham-chamber replied 7 months ago.

Hi,

Of course you can contact the police now. As she is in India, the UK police may involve the police in India but this is a matter for them.

It is difficult for me to state what course of action the police would take and I would suggest that you contact your local police and report the matter to them.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11614
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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