British citizen remarried in pakistan

[NZama1]

Hi,

I am a british citizen and married my first wife who is also a british born. The marriage took place in pakistan and was registered with the union council before we both returned to the uk. We have now divorced and a talaq divorce certificate has been issued from the union council in pakistan.
Since this time I have remarried but this time to pakistani national and about to submit a settlement visa application.

My question is will the first marriage and subsequent divorce cetificate from the union council suffice as evidence of previous marriage or will application be rejected because a decree absolute has not been submitted from the uk ( no decree absolute as first marriage not registred in uk)

Thankyou

[WR1]

Where were you both residing/living at the time of the divorce?

[NZama1]

both residing in uk at time of divorce.

[WR1]

I very much doubt that the Home Office will accept a foreign document of divorce (even if recognised in that country) considering you were both resident and living in the UK.

You need to obtain a decree absolute and go through the British Courts system.

[NZama1]

does it make a difference that at time of first marriage in pakistan, neither of us was domiciled in pakistan in other words only went to pakistan to do the ceromony and therefore would it be recognised in the UK in the first place?

[NZama1]

I very much doubt that the Home Office will accept a foreign document of divorce (even if recognised in that country) considering you were both resident and living in the UK.

You need to obtain a decree absolute and go through the British Courts system.

does it make a difference that at time of first marriage in pakistan, neither of us was domiciled in pakistan in other words only went to pakistan to do the ceromony and therefore would it be recognised in the UK in the first place?

[NZama1]

I very much doubt that the Home Office will accept a foreign document of divorce (even if recognised in that country) considering you were both resident and living in the UK.

You need to obtain a decree absolute and go through the British Courts system.

does it make a difference that at time of first marriage in pakistan, neither of us was domiciled in pakistan in other words only went to pakistan to do the ceromony and therefore would it be recognised in the UK in the first place?

[WR1]

does it make a difference that at time of first marriage in pakistan, neither of us was domiciled in pakistan in other words only went to pakistan to do the ceromony and therefore would it be recognised in the UK in the first place?

Yes it makes a difference as the UK legal system views marriages and divorces differently. Did you know that the British legal system recognises a Islamic marriage (as long as a civil ceremony has been held) but an Islamic divorce has absolutely no recognition at all.

If that was the case, everyone would just travel to another country for a quick and easy divorce and avoid going through the UK legal system to avoid the huge costs and time of the process.

I am by no means an expert on the subject but I would strongly recommend you obtain professional advice before applying.

[Greenie]

See 2.2 https://www.gov.uk/government/uploads/s ... ivorce.pdf


Part II of the Family Law Act 1986, which came into force on 4 April 1988, provides criteria for the recognition in the United Kingdom of foreign divorces. Under s.46(1) the validity of an overseas divorce obtained by means of proceedings shall be recognised if:
a. the divorce is effective under the law of the country in which it was obtained; and
b. at the date of the commencement of the proceedings either party to the marriage was:
i. habitually resident in the country in which the divorce was obtained; or
ii. domiciled in that country; or
iii. a national of that country.
2.2.2 Under s.46(2) the validity of an overseas divorce obtained otherwise than by means of proceedings (eg a bare Talaq divorce where the husband declares 3 times "I divorce thee") shall be recognised if:
a. the divorce is effective under the law of the country in which it was obtained; and b. at the date on which it was obtained:
i. each party to the marriage was domiciled in that country; or
ii. either party to the marriage was domiciled in that country and the other party was domiciled in a country under whose law the divorce is recognised as valid; and
c. neither party to the marriage was habitually resident in the United Kingdom throughout the period of one year immediately preceding that date; and
d. there is an official document certifying that the divorce is effective under the law of the country in which it is obtained (or where one of the parties was at the date of the divorce domiciled in another country, there shall be an official document certifying that the divorce is recognised as valid under the law of that country).

[sophia20]

This is from personal experience,
A British born guy married a girl from Pakistan, the marriage broke down she obtained a divorce under Islamic law in the uk, she did not have ilr and continued to live in the uk illegally. But after some years she got married to someone else from the UK. Now she's asking for a "British" divorce, as well as committing bigamy ??! So what's already been said is true!