Just Split Up With Wife In Uk-Under 2 Years In Uk

[leprechaun]

Hello All.

I am posting this thread as I have some very serious questions

Basically we have been living in Yorkshire and I have been very silly in believing that my wife would be faithfull. I have recently found out that my wife has been having numerous relationships behind my back. We have just split up this week and she moved out from my house property.

Can you please advise if she has to leave the country now as I believe or can she stay until her 2 year visa will expire as I will not sign her visa form to say we are still a couple.

You advice will be appreciated

Thank You..leprechaun

[VisasPlus]

My view ( and I stand to be corrected by those with more experience ) is that your wife still has current leave to remain for the remainder of the two years and will retain that leave until, either it is withdrawn, or it expires. If the marriage no longer subsists then, in theory, that leave could be withdrawn but that would depend on someone informing the Home Office that the marriage has broken down, the Home Office investigating, and then withdrawing the leave if they are satisfied that it should be done. In all honesty, the Home Office would probably put this on a back burner as they have more important things ( from their point of view ) to do. It is easier for them to leave it until the time when your wife has to apply for FLR or ILR, and to deal with it then. There is nothing to stop you writing a letter to the Home Office ( with relevant file references ) to notify them of what has happened.

[7by7]

I agree with VisaPlus. She can basically stay in the UK until her current leave expires. To extend that leave she will need your assistance, which presumably you will be unwilling to give, and so will have to leave or be an overstayer.

Whether you write to the UKBA or not is your choice, but to be honest, as VP says, they will probably just put your letter on file and not go chasing after her.

I assume that you will be looking for a divorce. I am no expert on this, but as I understand it if you married in Thailand then you can divorce there or in the UK, but if you married in the UK then you have to divorce in the UK.

One very important point is that if you married in Thailand then you can divorce at the Thai embassy in London; but whilst that divorce will be valid in Thailand it will not be valid in the UK. The only place one can divorce in the UK is through the courts, and so a divorce at the Thai embassy would mean that in the eyes of UK law you would both be still married.

[BWPattaya]

Perhaps I can be presumptious and suggest that you bide your time and wait until she has to leave the UK. Then apply for a divorce when she is out of the UK on the basis of desertion and hope that you don't lose half of everything. Your house, property, possessions and pension.

[Eff1n2ret]

If it is around 6 months or less until her Leave expires, UKBA policy is not to take any action. They probably won't anyway, but you should inform them to protect your own interests.

Be careful in any future dealings with your wife. One gambit for spouses in her situation is to allege domestic violence, as this gives a possibility to apply for LTR. Such allegation has to be verified normally by an incident leading to the arrest of the alleged offender. If you meet her, try and ensure that there is a witness, never offer any sort of abuse over the phone, don't send threatening texts, etc etc.

[7by7]

BWPattaya,

I don't know much about UK divorce laws, but as I understand it, unless they have children together or she can show that she has made a contribution, financially or otherwise, to any property or business owned by the OP, after such a short marriage there is no reason why a UK divorce court would grant her anything.

However, the OP should definitely seek the advice of a divorce solicitor. Most will give an initial consultation for free.

[Mercury]

The OP must be pro active. He must get it on record that she is the "guilty" party and that it is her infidelity which has caused the marriage to break down. Whilst this is largely immaterial on many points, it sets in stone the groundwork from which any future case must be built. For instance, the ex will most surely be advised that there are means to extend her visa blaming the OP. He must head that off now.

Unless the ex has income or assets of her own then she may well look to the state for assistance. At some point, she may decide that anything, lying being an easy one, is preferable to returning to the place from which she was found.

[Berek]

Mate, don't walk, run to the PO with all the details in a registered letter to who ever deals with the visa. It needs to be on record asap.

As a prev poster said, have absolutely nothing to do with her, especially not in person unless there is a witness. She'll no doubt try anything she can to stay.

Cancel anything and everything that is in your name that she has in her possession. Sever all ties. She clearly only used you to get residency.

[moe666]

As I told a friend when he asked me about a divorce get sound legal advise that doesn't include me.

[BWPattaya]

BWPattaya,

I don't know much about UK divorce laws, but as I understand it, unless they have children together or she can show that she has made a contribution, financially or otherwise, to any property or business owned by the OP, after such a short marriage there is no reason why a UK divorce court would grant her anything.

However, the OP should definitely seek the advice of a divorce solicitor. Most will give an initial consultation for free.

Be careful getting the advice of a lawyer as once you start the ball rolling you will not be able to stop it. Children or not, she will get 50% of everything even if she hasn't contributed to the marriage. It is irrelevant who is in the wrong. Ask a few expats here how much they lost in a divorce, and who was the cause of the reasons for the divorce. In Australia I believe that just co-habiting for 6 months will mean a 50/50 split. Don't bring up the issue with your Thai girlfriends as they may find out what they are entitled to, legally, if you ditch her after 6 months.

Edited September 26, 2010 by BWPattaya

[paully]

Be careful getting the advice of a lawyer as once you start the ball rolling you will not be able to stop it. Children or not, she will get 50% of everything even if she hasn't contributed to the marriage. It is irrelevant who is in the wrong.

Why "be careful getting the advice of a lawyer"? A good divorce lawyer knows what he/she is talking about.

I respectfully disagree that she will automatically "get 50% of everything" if the OP starts a divorce in the UK. If the marriage has been short and there are no children of the marriage, then she is likely to receive a relatively small settlement sum.

As earlier posters have said, there is not a great deal that the OP can do to ensure his wife is removed from the UK before her current leave to remain expires. He would have sufficient reasons for initiating a divorce now should he wish to do so, notably her unreasonable behaviour (adultery is a little more tricky to prove). It's much more straightforward in practice to start a divorce whilst she is still in the UK as she is expected to acknowledge receipt of the papers and indicate whether or not she wishes to defend the petition. Once she is out of the country she could easily 'disappear' for service purposes.

[7by7]

Children or not, she will get 50% of everything even if she hasn't contributed to the marriage. It is irrelevant who is in the wrong

Not in the UK, she wont.

Matrimonial Causes Act 1973 (c. 18) ,

S25 Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A

(2)As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 [F3, 24A or 24B]above in relation to a party to the marriage, the court shall in particular have regard to the following matters—

(a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

( c )the standard of living enjoyed by the family before the breakdown of the marriage;

(d)the age of each party to the marriage and the duration of the marriage;

(e)any physical or mental disability of either of the parties to the marriage;

(f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

(g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit F4. . . which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

(My emphasis)

The rules in Australia are irrelevant; they will either be divorcing in the UK or Thailand. Whether Thai law gives the wife 50% of all the husband's assets on divorce, I doubt; my wife certainly didn't get anything from her first husband when she divorced him; despite having two children to look after.

However, rather than taking possibly ill informed advice from an internet forum, the OP should, as said before, speak to a solicitor; or at least the CAB.

[rizla]

Be careful getting the advice of a lawyer as once you start the ball rolling you will not be able to stop it. Children or not, she will get 50% of everything even if she hasn't contributed to the marriage. It is irrelevant who is in the wrong.

Why "be careful getting the advice of a lawyer"? A good divorce lawyer knows what he/she is talking about.

I respectfully disagree that she will automatically "get 50% of everything" if the OP starts a divorce in the UK. If the marriage has been short and there are no children of the marriage, then she is likely to receive a relatively small settlement sum.

As earlier posters have said, there is not a great deal that the OP can do to ensure his wife is removed from the UK before her current leave to remain expires. He would have sufficient reasons for initiating a divorce now should he wish to do so, notably her unreasonable behaviour (adultery is a little more tricky to prove). It's much more straightforward in practice to start a divorce whilst she is still in the UK as she is expected to acknowledge receipt of the papers and indicate whether or not she wishes to defend the petition. Once she is out of the country she could easily 'disappear' for service purposes.

Agree, she can only claim on assets, property, income etc, from the marriage date...anything prior to that date is his and not included in the settlement.....forget the adultery, unreasonable behaviour will suffice...she will get next to nothing, oh and any assets after that date that she has gained he should claim for half of them...good luck

[bkkbrad]

BWPattaya,

I don't know much about UK divorce laws, but as I understand it, unless they have children together or she can show that she has made a contribution, financially or otherwise, to any property or business owned by the OP, after such a short marriage there is no reason why a UK divorce court would grant her anything.

However, the OP should definitely seek the advice of a divorce solicitor. Most will give an initial consultation for free.

I think this is correct. As far as I remember from my divorce, some 16 years ago, our respective solicitors argued the toss over who got what, depending on the financial contributions that had been made by both of us during the marriage. Speaking from experience, if things are not on good terms between you and your estranged wife, it is best to have no contact at all with your ex. Let the solicitors deal with everything through official channels between the two of you so that you cannot be accused of any wrong doing. After all they are the experts and that is what you pay them for.

[Mercury]

Oh, and change the locks.

[ozsamurai]

Get it in writing and lodged somewhere now! I was stitched up in a similar fashion many years ago by a Japanese lass (older and wiser now). Lodge whatever forms are necessary to have your case established. In my case, by the time I had made it back to sort out the affair (I was on a teaching contract in Japan), I was a wife basher, had a police record, my apartment and car were gone as well as the emptied bank account. I no longer had rights to even speak to my 'wife' thanks to the yarns she was spinning to women's interest lawyers and counselors. If she gets a hold of some of these 'help' groups, or wind of Nok down the road who took her hubby to the cleaners, your done. Men will never have equality when they play that card. I'm still dumbfounded as to how she worked the system so well, she knew things I didn't even know were possible. Get onto it now. Call her case oficer, get his name, send him an email, get a response, print it, keep it.

Oz