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Divorcing Albanian Issue

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  • daska
    daska Posts: 6,212 Forumite
    Part of the Furniture Combo Breaker
    gemma, if you click on the blue name against a post and choose 'view public profile' you'll find that you can 'ignore' a specific poster. Also, you might want to get rid of the detailed info that can identify you from your post.
    Eat food. Not too much. Mostly plants - Michael Pollan
    48 down, 22 to go
    Low carb, low oxalate Primal + dairy
    From size 24 to 16 and now stuck...
  • Amara
    Amara Posts: 2,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Go to police. Quickly. Threating you is a crime.
  • Gravesendgirl
    Gravesendgirl Posts: 139 Forumite
    Contact the UK Border Agency and your local police. Immigration (UK Border Agency) can make sure that your ex doesn't get permanent residence as a result of falsely claiming that your marriage is still subsisting.

    You need to contact the police to record that he has threatened you at the very least. Make sure there are records now to protect yourself.

    You can write to Immigration at:

    UKBA
    Lunar House
    Wellesley Road
    Croydon

    Provide them with your husband's name, date of birth, nationality and address in the letter so that they can make sure the information is linked.

    Good luck
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    Hello Gemma

    At least you've learned something, about too-early marriages! Thank God you didn't get pregnant by him!!

    About divorce:

    1. Have you actually lived apart for 2 years?

    2. Can you prove (given what you write about this man) that you have actually lived apart for 2 years?

    If the answer to those 2 questions is 'yes' then you should be able to divorce him regardless of what he says, does, thinks or feels.

    As others have said, contact your local court. They are very helpful.

    Having said that, I'm a little bit out of touch - is it possible to get legal aid for a divorce these days, or not?
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • Tamsin_Temrin
    Tamsin_Temrin Posts: 426 Forumite
    Hello Gemma

    At least you've learned something, about too-early marriages! Thank God you didn't get pregnant by him!!

    About divorce:

    1. Have you actually lived apart for 2 years?

    2. Can you prove (given what you write about this man) that you have actually lived apart for 2 years?

    If the answer to those 2 questions is 'yes' then you should be able to divorce him regardless of what he says, does, thinks or feels.

    As others have said, contact your local court. They are very helpful.

    Having said that, I'm a little bit out of touch - is it possible to get legal aid for a divorce these days, or not?

    Sorry, cant agree about grounds.

    Divorce is on the grounds that marriage has irritreivably broken down due to adultery (hard to prove), behaviour (best bet), desertion for two years (you left him - wouldn't work), separated for two years with the agreement of both parties (nope), separated for five years (hopefully hes in Albania by then).

    Good luck.
  • Britwife
    Britwife Posts: 427 Forumite
    Definately contact the UK Border Agency, he is here illegally and if he is working, his employers are in serious trouble as well.

    He should only have a Limited visa and if he has a permanent resident visa then he obtained it on illegal grounds.....just as bad. The Border Agency should have been contacted the day he moved out, actually, He should have contacted them.

    Once he's been deported, he may not be allowed back into the country even as a visitor as he is an overstayer.
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    Sorry, cant agree about grounds.

    Divorce is on the grounds that marriage has irretrievably broken down due to adultery (hard to prove), behaviour (best bet), desertion for two years (you left him - wouldn't work), separated for two years with the agreement of both parties (nope), separated for five years (hopefully he's in Albania by then).

    Good luck.

    When DH was going through his divorce in 1998/9 I recall a solicitor telling us that the courts would regard the marriage as 'irretrievably broken down' if one party had left the other. You wouldn't leave if the marriage was happy and on-going, would you?

    His ex did divorce him on grounds of 'unreasonable behaviour' but I'd never seen such a pack of lies in my life. It certainly didn't tie up with the man I had come to know. The stuff he was accused of was unbelievable...so obviously the person initiating the divorce can say what she likes and it will never be challenged.
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • When DH was going through his divorce in 1998/9 I recall a solicitor telling us that the courts would regard the marriage as 'irretrievably broken down' if one party had left the other. You wouldn't leave if the marriage was happy and on-going, would you?

    So sorry that I actually gave information based on the Court Service website

    http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm

    It isnt usually checked but if the Albanian wants to stay here he will challenge incorrect info and he will get legal aid. (he may try and challenge correct info so professional advice is probably good) As you say, if one partner is filing for divorce then the marriage is stuffed, but the forms have to be filled in right and while he probably wont have a leg to stand on, trying to get the divorce based on a grounds that he has to agree to is likely to be hard. And he may think that is a great way to challenge the divorce, stay here, stay threatening the OP and make her life a misery.

    Grounds for divorce are that the marriage has irretrievably broken down due to... and you have to cite one of five causes - adultery, behaviour, desertion, separation for two years with agreement of both parties, five years separation. It is form filling. You just need to get the right boxes ticked.

    OP - keep strong, you can get past this.
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    Hi Op

    Seems to me a call to womens aid and the police is in order, as you feel frightened by him and you seem to have good reason too. Your local police should have a domestic violence unit/ coordinator that should be able to offer specailist advice and support, if not womens aid should be able to point you in the right direction.
    Its also important to take records too as others have said. Hugs, it sounds really scary, make sure you get the help you can.
    how much is the cost of the divorce? I wonder whether womens aid might be able to offer advice on legal costs.

    I also agree with contacting the border agency although Id be tempted to try to get the police to work with the borders agency partners.

    I have known of situations like yours, although the perpetrator had actually committed physical violence/ break in so there was a crime committed.

    good luck x
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
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