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TK Legal
TK Legal, Solicitor
Category: Law
Satisfied Customers: 240
Experience:  LLB, MCIArb
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My wife left in Sept 2019 with my 2 kids, she has claimed DV

Customer Question

My wife left in Sept 2019 with my 2 kids, she has claimed DV and rape to obtain Legal Aid and she is in a refuge, I get 1.5 hours contact week.
JA: Where are you? It matters because laws vary by location.
Customer: Divorce proceedings will commence in court June 3rd i believe she will not agree to the divorce as this will impede her permanent visa application and also claim to my property that i have owned for the last 24 years outright..she has never worked in 7 years of marriage but we have 2 British kids. Will this be a contradiction regards ***** ***** against me if she refuses to sign the divorce papers?
JA: What steps have you taken so far?
Customer: Nottingham UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thank you
Submitted: 15 days ago.
Category: Law
Expert:  TK Legal replied 15 days ago.

Hello dear, welcome to JustAnswer ! My name is ***** ***** I am happy to assist you today with your legal issue. I am just reviewing your question. This is an email service so there may be delays when responding. Please bear with me if I need to ask you some clarifying questions. Thank you!

Customer: replied 15 days ago.
Expert:  TK Legal replied 15 days ago.

If you report to the UKVI, they will curtail her visa as you have separated from her. This is going to affect her ILR application. She might be able to stay in the UK based on her relationship with the British children.

She cannot have the property outright. She can live in the property until the children is 18 or in full time education. There can be a Mesher Order to postpone the sale of the property.

Her refusing to divorce does not contradict her allegations. She might have many other reasons for not to consent to the divorce.

You can get the divorce without her signature. You have to make an application to the court using form D11 to accept deemed service and the divorce can go ahead.

Expert:  TK Legal replied 15 days ago.

I hope that helps. If not, I am happy to assist further.

Customer: replied 15 days ago.
Hi, Home Office we’re paying her legal Bills.. she has applied for a residency visa through her DV claim.
She is currently in a refuge but will try and force me to sell she added her name by a home rights notice.
There are 7 points of unreasonable behaviour on the divorce including false ID found don’t know who I married! A D11 was submitted as she had the only marriage certificate from Ethiopia
Expert:  TK Legal replied 15 days ago.

Marriage certificate from Ethiopia will be considered valid in the UK. If she has made the claim as a domestic violence victim, then the divorce will have no affect on her immigration application. She has already made the application.

I am sorry to hear what you are going through. But just because she has made an application, it does not that will be successful if the allegations are not substantiated by evidence. In relation to your house, she is not likely to get it outright if no proof of DV whatsoever. Her share might increase as she is mother of your children even though she has never worked. She has contributions to the family. Having said that, the judge will decide based on the evidence. If the judge decides that your conduct was so unreasonable that it cannot be disregarded, then she might get more shares.

I hope that helps.

Customer: replied 15 days ago.
I married under Ethiopian Law if I divorce under Ethiopian law she can’t take my property which I paid for in full before she arrived 7 years ago, will this stand in UK court?
Expert:  TK Legal replied 15 days ago.

The divorce would be recognised but that will not stop her from making a financial claim in the UK.

Expert:  TK Legal replied 15 days ago.

Part III Matrimonial and Family Proceedings Act 1984

It enables a party, following a foreign divorce, to apply to the English court for a financial settlement.

Customer: replied 15 days ago.
I understand but I will offer her a small amount as settlement, we are still in custody battle so I need the house for the kids
Expert:  TK Legal replied 15 days ago.

If you get the custody of the children, then you might get more.

Expert:  TK Legal replied 15 days ago.

I wish you the best.

Can I clarify anything for you about this today?

If not, I would appreciate if you could take just a second to provide a 5 star rating (at the top right of your screen). If you need anything further, I am available for a follow up at no extra cost.

For future information, please start your question with ‘For TK Legal’.

You can always link to my profile for another question at a later time.

Have a good day!

Kind regards, T.K.