Talaq(divorce) partner in Mirpur

[Fair]

I want to know the guide lines of how to divorce Islamicaly partner from Mirpur.

I live and work here in the UK.

My partner is of Pakistani nationality, and residing in Mirpur they will get deported soon.

The reason for the divorce is not the deportation but the partner breaking trust and going beyond limit in trying to finish my life.

The partner moved here last year in March, we have been separated since January this year.

I want a Islamic divorce not just a English court divorce, because the court divorce will not end the Islamic marriage in my understanding of the Islamic opinion I follow.

Can someone help? I want to know how to go about divorcing my partner in Mirpur?
Will the divorce certificate be enough evidence if given to Home Office?
Please provide information as guidance.

[CMOSUK]

I want to know the guide lines of how to divorce Islamicaly partner from Mirpur.

I live and work here in the UK.

My partner is of Pakistani nationality, and residing in Mirpur they will get deported soon.

The reason for the divorce is not the deportation but the partner breaking trust and going beyond limit in trying to finish my life.

The partner moved here last year in March, we have been separated since January this year.

I want a Islamic divorce not just a English court divorce, because the court divorce will not end the Islamic marriage in my understanding of the Islamic opinion I follow.

Can someone help? I want to know how to go about divorcing my partner in Mirpur?
Will the divorce certificate be enough evidence if given to Home Office?
Please provide information as guidance.

What is your nationality?

Where were you married in the UK or Pakistan?

[CR001]

What is your nationality?

Where were you married in the UK or Pakistan?

1. OP is French.

2. Pakistan

eea-route-applications/entry-to-uk-via- ... l#p1442255

[CMOSUK]

What is your nationality?

Where were you married in the UK or Pakistan?

1. OP is French.

2. Pakistan

eea-route-applications/entry-to-uk-via- ... l#p1442255

Thank you.

As well as updating the home office of your significant change in circumstances and I believe through this link.

https://www.gov.uk/visas-when-you-separate-or-divorce

But as you have mentioned about divorcing, it may be you may have to start proceedings in Pakistan for a 'khulla' as far as my understanding is, through the courts, once it is granted then you may give this as evidence to the home office.

Again, you should mention to home office that you plan to divorce him and do not support him or any application of stay in the UK while he is associated with you.

[Fair]

Just to update on my question as it has become complex.

My wife wanted to return in my life, I made it clear I lost trust etc...

Now she isn’t contacting me, she reads my messages thought on WhatsApp, I asked her to co operate with the divorce, she refused and said she wants to be my wife for ever...

I consulted a solicitor he said I need an address to be able to send the divorce petition here...problem is that I don’t have one and she isn’t giving me one, I used a tracing agent to trace a address they also have be unable to located any details.

I just want to divorce so I can marry again and be free from this no one should be tied like that.

I am French, I also have Pakistani nationality I was born there. I married in Mirpur, outside the family.
I have been settled in the uk over 11 years.

We lived 9 months in the uk, in those 9 months I was staying away in hotel for work around the country for about 5 months.

When she left unexpectedly I wrote to the Home Office to say that we have been separate and out of contact, this was end of January, I didn’t get a reply from them.

She did say that, she hasn’t got any visa...possibly she is overstaying now...she entered the uk with a EEA family permit 6 months...

Now my question are:

Is my marriage legal? Do I have to go trough court?

I check set13 for overseas divorce it’s very complicated, Pakistan and Azaz Kashmir have different rules in which UK recognisies the Divorce. Basically in Azad Kashmir bare Talaq is accepted in uk only if lived outside the Uk for one year.

I’m stuck both ways, as she is hiding here somewhere in Scotland most likely.

Can someone help?

[secret.simon]

I can't respond to any question on Islamic marriage law, but I can on EU family law.

Is my marriage legal? Do I have to go trough court?

As she was issued an EEA Family permit based on your marriage to her, the Pakistani Islamic marriage is recognised by the UK and the marriage would need to be dissolved by the law of domicile of the country of one of you.

That means
a) The spouse of an EEA Citizen in the UK cannot become an overstayer provided that they are married (i.e. not divorced) and the EEA Citizen is either exercising treaty rights or has PR. She does not need a visa and her rights are automatic.
b) She has the legal right to reside in the UK until the day of the decree absolute of divorce, provided you remain in the UK and have PR or are exercising treaty rights. She can reside anywhere in the UK and does not have to reside with you.
c) If she has completed three years of marriage to you and one year of residence in the UK as your wife, your wife will retain the right to reside in the UK even if the two of you are divorced.
d) If she is residing in Scotland, be aware that Scottish laws and procedures for divorce are different from ones in England and Wales. You may need legal advice.
e) There are generally procedures in place for serving divorce proceedings on spouses whose address is unknown. Contact the local branch of Citizens' Advice Bureaux.

[Fair]

Thanks that has made much more sense to me.

I know what my partner is trying to drag the time so she can qualify for residency.

I will contact the citizens advice bureau, also I really can’t care if she get residency I just want to be free.

Thanks you so much.

[Fair]

Hi Simon,

Just out of curiosity doesn’t the 3 years of relation be within a minimum of 12 months cohabited together?

Regards

[secret.simon]

To the best of my knowledge, EU law does not require any cohabitation, so long as it is not a sham marriage/marriage of convenience.

As I recall it, a sham marriage is one entered into solely for the purpose of getting an immigration advantage. In your case, as at least one party (you) entered into the marriage genuinely (i.e. not to confer an immigration advantage on your wife), I do not think that it would be considered a sham marriage.

One of the requirements for the non-EEA citizen to retain the right of residence (RoR) after divorce is that "prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;" (EEA Regulation 10(5)(d(i)). Both parties must be resident in the UK. There is no requirement for them to have resided together. EU law is all about personal liberty, not responsibility.

If it is any consolation, your wife will not be able to sponsor any family member to immigrate to the UK for the period that she is on RoR, would have to do the equivalent of exercising treaty rights herself from the date of the decree absolute of your marriage (i.e. she must start working, looking for work, study or be a self-sufficient person with private health insurance) and even when she acquires PR under the EEA regulations, will only be able to sponsor her family members under the much tougher UK Immigration Rules.

[Fair]

Thanks again for taking time to reply.

I asked because I couldn’t understand why she is hiding, that’s I was wondering she should be working or studying etc...which don’t have anything to do with me now, if she was registered somewhere tracing agent would have find her.

You are right about cohabiting it’s not mentioned,
But this a from the gov website
“the marriage or civil partnership lasted at least 3 years before legal proceedings began and the couple lived in the UK for at least 1 year before the divorce, annulment or dissolution was finalised”

Looks like I shouldn’t delay the proceding, the only thing that would consolidate me is knowing that she is happy and not in he wrong hands or under some sort of abuse, it truly hurts...love..

It’s amazing to come to know that Non-EEA can settle easily than EEA National, let’s not talk about British relatives it cost ££££....unfair system no wonder why Brexit has to go ahead UK is getting ripped off in my opinion.

I’m done thanks all for your reply.