Uk citizen divorce

[vkc]

Hi,
Im a UK citizen and my wife came 3 years back to UK on dependent visa. Since i wanted to go back to India and take care of my parents, i have not extended her dependent visa. so we both moved to India 3 months back. due to some serious issues between us and she wants to file a divorce case in UK.

I read on the internet that you can bring proceedings for divorce in England and Wales if:

You and your spouse are habitually resident here (in simple terms, this means living here); or
You and your spouse were last habitually resident here and one of you still resides here; or
Your spouse is habitually resident here; or
If you were to make a joint application, either of you are habitually resident here; or
You have been habitually resident here for at least a year immediately before your application is made; or
You have been habitually resident here for at least six months immediately before the application was made and are domiciled here (explained below); or
You and your spouse are both domiciled here.


could you please advise on under what option she can file a case in UK?


thanks
vk

[vkc]

just to add, we both are born in India and i got UK citizenship via naturalisation.
is it easy for her to file a case in Uk since its only 3 months we left UK?
Im planning to move to Germany to find new work.
CR001 could you please advise?

kind regards,
vkc

[CR001]

It is easy to file a divorce but one of you should be resident in the UK and they ask for proof if they are unsure (I have had this exact experience). Note that UK divorce can take many months.

Filing for a divorce in the UK also doesn't give her any right or entitlement to apply for leave to remain if that is what she is aiming for.

[vkc]

CR001,
I have a house in UK and have contributed to my pension fund as well over 10 years.
and she wants to file divorce here for it.
if im working in germany or india(for example) will i be still a resident of UK?
will the UK court has jurisdiction for the divorce petition?

[CR001]

You are not resident if you don't physically live in the UK.

She probably wants to divorce in the UK as she can claim half your pension and property value.

[seagul]

In my honest opinion if you can then divorce her in India and more likely there as well either of the partner need to be a national/domiciled in India to begin the proceedings. Try to do it there.

[vkc]

Thanks CR001, what documents are shown as proof?

It is easy to file a divorce but one of you should be resident in the UK and they ask for proof if they are unsure (I have had this exact experience). Note that UK divorce can take many months.

Filing for a divorce in the UK also doesn't give her any right or entitlement to apply for leave to remain if that is what she is aiming for.

[vkc]

thanks seagul, i agree.

In my honest opinion if you can then divorce her in India and more likely there as well either of the partner need to be a national/domiciled in India to begin the proceedings. Try to do it there.

[vkc]

CR001, you said, you had the same experience(sorry to hear), would you mind sharing what happened in the end, were you successful in proving that you are not a resident of UK ? do u recommend any good solicitors(i can PM you if you are ok)
also please let me know what documents from India are considered as you are an indian resident?
kindly adivse,

thank you in advance
vkc

[CR001]

CR001, you said, you had the same experience(sorry to hear), would you mind sharing what happened in the end, were you successful in proving that you are not a resident of UK ? do u recommend any good solicitors(i can PM you if you are ok)
also please let me know what documents from India are considered as you are an indian resident?
kindly adivse,

thank you in advance
vkc

1. I am a UK resident, my British/South African husband is not. I could not proceed without his details to divorce in the UK. The courts refused and refunded the money. The divorce took place in our home country South Africa very recently and took almost 2 years to be granted there.

2. You would need to find a family lawyer you feel comfortable with. Note that you will likely lose half of your estate if divorced in the UK. Note you also don't have access to the PM function as a new user.

3. I cannot comment on Indian requirements.

[vkc]

thank you CR001 , can't thank enough for all your and this forums advise.
just to summarize, in my case, we both(me n my wife) are not living in UK, even if she files a case in UK, it wont stand in court since none of us is a resident of uk.
the only option is, she can file here in India which im willing to go ahead with it.

kind regards,
vkc