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Second Marriage (Nikah) before Decree Absolute

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Marriage | Unmarried Partners | Fiancé | Ancestry

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AliRehman83
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Location: London

Second Marriage (Nikah) before Decree Absolute

Post by AliRehman83 » Sun Mar 04, 2012 7:11 pm

Dear all,

I am a British citizen and was married to a British girl for 5 years. I applied for Divorce in May 2010 and Decree Nisi was announced on 10th August 2010 in England.

I came back to Pakistan and got married (Nikah) to a Pakistani girl on 3rd September 2010 however Decree Absolute was not granted by then as its time is to wait for 6 weeks which I did not think about that time. Decree Absolute was granted on 27th October when I applied for it.

My question is, is my Pakistani marriage (on 2nd September 2010) still valid or not? As my Pakistani wife needs to apply for a British Visa and I want to make sure we are following the correct procedure or if it’s not valid do we need to remarry again?

Also we have a baby now which is 1 month old and need to register him for British citizenship.

Thanks for your advice.

Lucapooka
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Location: Brasil

Post by Lucapooka » Mon Mar 05, 2012 5:37 pm

According to UK law you were not free to marry at the time, and therefore the second marriage will not be resognised by the UK. There have been many refusals on this basis and there is no retroactive treatment other than to have civil ceremony in the UK (or elsewhere).

batleykhan
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Location: West Yorkshire

Post by batleykhan » Mon Mar 05, 2012 7:11 pm

You will have to carry out your nikkah again in Pakistan, and register it with the appropiate authorities there.If you dont your first nikkah to this girl is not valid under UK law as you were not free from your first marriage.

Alternatively apply for a fiancee visa insead of a spouse one and on arrival in Uk carry out a civil marriage at a Registrar office :wink:

Lucapooka
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Post by Lucapooka » Mon Mar 05, 2012 7:15 pm

batleykhan wrote:You will have to carry out your nikkah again in Pakistan, and register it with the appropiate authorities there
Thanks for that. I was not aware that a second nikkah with the same person was possible. Is this fairly straightforward or does the previous nikkah need to be revoked in some way?

AliRehman83
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Posts: 4
Joined: Sun Mar 04, 2012 6:09 pm
Location: London

Post by AliRehman83 » Mon Mar 05, 2012 7:19 pm

This sounds really strange because in Pakistan you can marry more than one woman at the same time but UK wont recognise it so remarrying same woman again:) seems like a lot of work I have to do..

batleykhan
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Post by batleykhan » Mon Mar 05, 2012 10:22 pm

Lucapooka wrote:
batleykhan wrote:You will have to carry out your nikkah again in Pakistan, and register it with the appropiate authorities there
Thanks for that. I was not aware that a second nikkah with the same person was possible. Is this fairly straightforward or does the previous nikkah need to be revoked in some way?
Everything including the impoosible can be done in Pakistan :lol: :lol:

You can renew your nikkah as many times as you want with out revoking the previous one.Its just like renewing ones vows here in UK

AliRehman83
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Post by AliRehman83 » Tue Mar 06, 2012 3:31 pm

It's good job I have not registered my Nikahnama so far(I hope so) unless its done automatically?
I guess I will have to find someone secretly to help me in this case as otherwise i will have to answer 1000zzzz question before I do it and especially family arrrrrrrrrhhhhhh

batleykhan
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Post by batleykhan » Tue Mar 06, 2012 10:36 pm

You can have ceremonial nikkah without it being registered at local Union council.If you want it doing properly second time around get the Registrar to attend so he can record it and officially register it. The latter will then become your official date of marriage :wink:

AliRehman83
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Nikah Done

Post by AliRehman83 » Sat Apr 14, 2012 10:25 am

batleykhan, I have had a NIkah done again and registered with Nadra, Union Council etc.

Now all my documents have my new Nikah details, just want to confirm if i need to explain this to UK immigiration for my wife's Visa or keep it secret?

Me and my wife has travelled to Europe in the past and visa was issued as EU family member as we had sent our previous Nikah nama to French embassy.

Just wanna make sure we dont make a mistake to get in any trouble. thanks for your help.

sully_06
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Re: Second Marriage (Nikah) before Decree Absolute

Post by sully_06 » Thu Apr 17, 2014 3:17 pm

?
AliRehman83 wrote:batleykhan, I have had a NIkah done again and registered with Nadra, Union Council etc.

Now all my documents have my new Nikah details, just want to confirm if i need to explain this to UK immigiration for my wife's Visa or keep it secret?

Me and my wife has travelled to Europe in the past and visa was issued as EU family member as we had sent our previous Nikah nama to French embassy.

Just wanna make sure we dont make a mistake to get in any trouble. thanks for your help.
ALIREHMAN83

How did you manage to get your nikah done again AND registered in pakistan with nardra and the union counci againl?

can this be easily done OR is thier a way around it?

If anyone else also knows then please advise as i am in the same position ,

Thanks

theprideofpak
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Re:

Post by theprideofpak » Sun Apr 20, 2014 5:15 pm

AliRehman83 wrote:It's good job I have not registered my Nikahnama so far(I hope so) unless its done automatically?
I guess I will have to find someone secretly to help me in this case as otherwise i will have to answer 1000zzzz question before I do it and especially family arrrrrrrrrhhhhhh
Nikkah Khawan is bound to register the Nikkah with union council by law. He cannot keep doing Nikkah ceremonies without registering them. Unless you have had any arrangements prior to that. There are different possibilities.

In your case, you are not basically renewing your Nikkah, forget about the first one (it never happened) and do the new nikkah and register with NADRA.

Bringing your wife and child here in UK on fiancee visa is the best idea in your case as you are the biological father of the child. So when everything is done in UK, things will be more easy and straightforward.

sully_06
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Re: Second Marriage (Nikah) before Decree Absolute

Post by sully_06 » Thu Apr 24, 2014 8:01 am

sully_06 wrote:?
AliRehman83 wrote:batleykhan, I have had a NIkah done again and registered with Nadra, Union Council etc.

Now all my documents have my new Nikah details, just want to confirm if i need to explain this to UK immigiration for my wife's Visa or keep it secret?

Me and my wife has travelled to Europe in the past and visa was issued as EU family member as we had sent our previous Nikah nama to French embassy.

Just wanna make sure we dont make a mistake to get in any trouble. thanks for your help.
ALIREHMAN83

How did you manage to get your nikah done again AND registered in pakistan with nardra and the union counci againl?

can this be easily done OR is thier a way around it?

If anyone else also knows then please advise as i am in the same position ,

Thanks
Hi

Can Anyone advise me about my post?

Many Thanks

shafina
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Posts: 133
Joined: Fri Jan 07, 2011 10:03 am

Re: Second Marriage (Nikah) before Decree Absolute

Post by shafina » Tue May 31, 2016 12:42 am

Pls help
I married in Morocco six years ago my husband now has his British citizenship .he is now divorcing me in Morocco in the courts.he is not giving me an English divorce.so we are still married the English way but he doesn't live with me
He will marry in Morocco with Moroccan divorce to a girl from Morocco.will he be able to do this.and will he be able to marry in Europe with his Moroccan divorce certificate.pls help me

shafina
Member
Posts: 133
Joined: Fri Jan 07, 2011 10:03 am

Brother living with husband illegally

Post by shafina » Tue May 31, 2016 12:49 am

His brother came on tourist visa and broke my marriage.they do not want to be found. How can I get his brother deported back to his country.he is going to get married to polish woman in uk

shafina
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Joined: Fri Jan 07, 2011 10:03 am

Re:divorce

Post by shafina » Tue May 31, 2016 7:14 am

pLS CAN ANYONE HELP ME I AM LOST

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Casa
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Re: Re:divorce

Post by Casa » Tue May 31, 2016 7:47 am

shafina wrote:pLS CAN ANYONE HELP ME I AM LOST
You haven't received an answer as you've tagged this on to another member's thread which is unfair and confusing. Please post this in your own thread where you should get a response.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

shafina
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Joined: Fri Jan 07, 2011 10:03 am

Re: Second Marriage (Nikah) before Decree Absolute

Post by shafina » Tue May 31, 2016 7:54 am

sorry casa havent used this website for six years only came back on yesterday

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