International marriage - separation, maybe divoce

[Happysingh]

Hi,

I'm a UK citizen. My Wife and I got married abroad almost a year ago (non-EU). She is not a EU/UK/EEA citizen and its on a dependent visa. Unfortunately the marriage is breaking down and we are not on talking terms.

Prior to marriage, I owned my house which then became our marital home. A counselor said we should live separately for a while, but neither me nor her wants to move. I own my home and moving would incur additional expenses which I can't really afford. She doesn't work and claims she is comfortable in the home. She doesn't work and hasn't contributed anything financially towards our married life (I have been paying her living expenses since she has come here). My house and mortgage is solely in my name, as well as all the bills (except council tax which is in joint names but I'm paying it)

I'm not sure what is the best resolution.If I do move out, I'm guessing I would need to inform the home office and they would then revoke her dependent spouse visa and offer her a chance to get a visa on her own accord. Trouble is I don't know how long this will take, and I could be staying separately for many months which will be financially taxing.

Would it be possible that we both continue to co-habit the same home but still show we are effectively living separate lives?

Any advise or suggestions for a good family lawyer who specialise in international marriages?

Thanks
Happy (not anymore!)

[seagul]

If you both and your families have already tried to resolve the problem informally and no positive solution has been produced then you should inform to home office. They will curtail her visa but there is no guarantee as when will they do that after you informed them and more likely they won't inform you of the outcome of your complaint to them. Personally I don't think you should leave your own home even any pressurized situation. If you own that home then no one can take that and since you own it before marriage then even divorce matters won't deprives you of that home.

[CR001]

Personally I don't think you should leave your own home even any pressurized situation. If you own that home then no one can take that and since you own it before marriage then even divorce matters won't deprives you of that home.

I agree that the OP should not leave his property, that would be very silly to do. However, what happens to the property depends on how they are married and whether there is a prenuptial agreement or not. If they are married in community of property, then she could potentially claim half of the value of the house.

Anyway, this is not a divorce forum and that is something the OP would need to address if/when they get to that point.

[Obie]

Do you have a child with this person?

As you are both married, she may put her name on the land register as a party with interest in the property.

[Happysingh]

Thanks all for you replies. I don't have any children with my wife and don't intend to have any either.

So from an immigration point of view, can I still inform the home office that our marriage is broken down even if we live together? Do I need to give any sort of proof of the same?

[CR001]

You are required to inform HO on the prescribed form, see link below.

https://www.gov.uk/government/publicati ... nsent-form

[Happysingh]

Many thanks.
Final question - although I appreciate this might not be the right forum (in which case I apologise), is a marriage considered subsisting if we live in the same home albeit live separate lives, or do we have to live separately?