Divorce

Mojisola

Habib2342 wrote: »

It was a religious marriage which took place in Bangladesh in February of last year and a certificate was issued.

But was it a legal certificate of a state marriage or just a religious ceremony?

Habib2342

Mojisola wrote: »

But was it a legal certificate of a state marriage or just a religious ceremony?

the former....would it be possible to get them divorced under an islamic court in the uk ?

Mojisola

Habib2342 wrote: »

the former....would it be possible to get them divorced under an islamic court in the uk ?

I think you need legal advice about this but I would expect a legal marriage has to have a legal separation, not a religious one.

TBagpuss

Habib2342 wrote: »

the former....would it be possible to get them divorced under an islamic court in the uk ?

No. To be divorced here they will have to go through the courts. They can't start divorce poceedings in the1st 12 motnhs of the marriage, although it would be possible for them to agre to live apart during that time and to have a formal separation agreement.

In terms of a finacial settlment, the aim ios to have a finacial settlement which is fair to them both, taking into account all the relevant ircumstnaces.

There is no specifc rule about the length of the marriage and in particualr, n ule or presumption that she woul beentitled to nothing becuase the marriage was less than 2 years but one of the factors which the court would have to consider would be the length of the marriage - in a shporter marriage is it generally more likely to be fair that wach party keeps the assets they hd before the marriage and that they split what is built up while together.

However, the court also hs to consider the needs of the parties, and contributions they have made. in this case, your sister in law moved from Bangladesh to the UK - it is reasonable to take that into account, and to consider the impact of that. Did she give up a job or secure home to come? If so, then it may be reasonable for her to have a lump sum to allow her time to find a new job / pay a deposit on a new property etc.

The court can also take into account factors such as any previous agreements between the parties, so if there were discussions or anything such as a dowry that would also be taken into account.


If the marriage was legally valid in Bangladesh then it is recognised as valid here, there is not requiremwent to register it here (it might be necessary to record it with the Home Office for visa purposes, but that is quite separate from the issue of the validity of the marraiage)

If he were to divorce in Bangladesh then any divorce which was regisnosed as legally valid in Bangladesh would also be regosnised as valid here, butbeing divorced abroad is not an absolute bar to applying for a financial settlement here, so it may be easier and simpler to deal with it all here.

An 'Islamic court' has no legal authorit or jurisdiction so ifhe and his wife chose to use one as a mechanism for sorting out a financial settlement it is really importnat that any agreement reached in that was is then put into a proper court order, as if not, it will not be valid or binding.

toniq

Habib2342 wrote: »

It was a religious marriage which took place in Bangladesh in February of last year and a certificate was issued.


Our hopes were raised when they said they wanted to meet and I was going to drive him to their house this evening but now her uncle has got involved and thrown his two cents/venting his spleen etc,, even threatening to make our mother go to Bangladesh to explain things....


I don't think anything untowards will happen in the UK as they know law and order is strong here but Bangladesh, according to western standards, could be considered a lawless state, so I am concerned about my mother's safety were she to go back.....which i don't think she should consider for at least a few years...




They are saying they need more time and are also aggrieved that my brother has not attempted to contact her since she walked out.


another fine mess to clean up..

Just make sure whatever you do your mother does not get involved, doesn't matter what other family members or her local community think.

I know that's easier said than done, but by the sound of the uncles ravings some sort of retribution is on the cards, maybe try and find an intermediary and have them present for talks between your brother and his wife or just let solicitors deal with it all.

Be careful going around there, you have no idea what the wife has said to her family about all of this.

As you know honour is everything to them.

Was it an arranged marriage or a "love" marriage?

toniq

Juts been thinking, I know they work the reverse but Southall black sisters should be able to answer your questions regarding the marriage.

http://www.southallblacksisters.org.uk/contact-us

Fireflyaway

I know you want to safeguard your brother's interests but his estranged wife was deliberately deceived so I can see why her family would be annoyed. Is your father still living? If so I would ask him to approach the brides father and sort it out and draw a line under it so it doesn't drag on or escalate into a disturbance in Bangladesh. Why are you concerned about her staying in the UK? If the marriage is over its not your problem to worry about. As for money she wont have access to public funds and it doesn't sound as though your brother has any assets to take anyway. Your brother should probably not get into dialogue with her or her family or its going to get even more nasty. If they split in august that's 3 months waiting over so could he finalise a divorce in Bangladesh? Even if you ( your family) pay her a small sum as a settlement. Seems fair seeing as she was misled.

rach_k

Was there a dowry paid to her? Was any of it deferred?

[For info: I don't know if it works the same everywhere but when I married my husband it was not allowed to go ahead (Islamically) until he had paid me (not my family, it's not a dowry in the traditional English sense) a sum of money, which was agreed beforehand. Sometimes it is split into payments at different times e.g. one before and one after the marriage. The idea behind that is, I believe, for the woman's protection - if it all goes belly up, she should then have the means to survive for a while or to return to her family - particularly relevant when the bride is from abroad.]

If a dowry was paid, although I do agree that she was misled, if it was of a decent size she should at least have the means to support herself for a while as that's what it's for. If part of the payment hasn't yet been paid, perhaps she could be encouraged to leave/divorce without a fuss if the full amount is paid even though they have separated. I would want that agreement legally documented though! If it was a good size and she has it and your brother doesn't have much, it might actually be the case that she has more assets than him so it wouldn't be in her interests to talk about splitting things equally.