Not married in UK - Divorce

ButterCheese

Asking for a friend, any ideas where to get the right advice please?

Friend is a UK resident, already bought a house (mortgage) in his name solely.  Married an Indian lady in India.  They both returned here and she lived with him.  To date, they have been married for just over 2 years.  Since she has been in the country, she has worked full time for 18 months.  He also works full time.

2 months ago she left the UK to visit family in India.  She is now staying there and will not return.  She has ceased communication with my friend and all of his family.  She has taken the only hard copy of the (Indian) marriage certificate, but my friend has a photocopy.

He wants to start divorce proceedings, but I am worried that he'll start paying a solicitor thousands of pounds which he can't afford, only for there to be no response to solicitors letters.

My questions are:

1. Are they legally married in the UK?  i.e. does he even have to get divorced?

2. Are there any solicitors that specifically deal with this sort of thing?

3. Can he go through the Government gateway for a DIY divorce?

4. Can he get advice from solicitors without "signing up" to the whole shebang that will likely cost thousands?  Or would they not entertain such a thing (e.g. pay for an hours advice and do the rest himself)?

I have done a DIY divorce myself but realise this is a totally different scenario so I don't really know how to advise him.

Thanks in advance

MyRealNameToo

1. Generally yes, if the marriage would be considered legal in India and they meet the legal requirements in the UK (age, consent and capacity) then the UK will recognise it even if the same thing in the UK wouldnt have been recognised. 

2. Probably, but it's not anything special. They will need an official copy of the marriage certificate along with a certified translation in English if it's not in English. 

3. Yes but they will need the same paperwork

4. Yes, solicitors will work by the hour but you are likely to have to pay for more time than just the time in a meeting as a case file will have to be created, records of what was discussed etc. 


There is little difference from divorcing from being married here other than the need for a translation if its not already in English 

sheramber

Some solicitors will give 30 minutes free  advice. 

Your friend needs a family law solicitor  who understands aUK and Indian law. 

It pays to have all your questions written down beforehand for to limited time.

If he knows the district the marriage was  registered in he can apply direct for a replacement marriage certificate. 

ButterCheese

MyRealNameToo said:

1. Generally yes, if the marriage would be considered legal in India and they meet the legal requirements in the UK (age, consent and capacity) then the UK will recognise it even if the same thing in the UK wouldnt have been recognised. 

2. Probably, but it's not anything special. They will need an official copy of the marriage certificate along with a certified translation in English if it's not in English. 

3. Yes but they will need the same paperwork

4. Yes, solicitors will work by the hour but you are likely to have to pay for more time than just the time in a meeting as a case file will have to be created, records of what was discussed etc. 


There is little difference from divorcing from being married here other than the need for a translation if its not already in English 

thanks that's really helpful

ButterCheese

sheramber said:

Some solicitors will give 30 minutes free  advice. 

Your friend needs a family law solicitor  who understands aUK and Indian law. 

It pays to have all your questions written down beforehand for to limited time.

If he knows the district the marriage was  registered in he can apply direct for a replacement marriage certificate. 

very helpful thank you

RAS

Regarding English divorce, your friend might find wikivorce useful.

But they need to check that an English divorce is legal in the place of marriage. 

Are there any children?

ButterCheese

RAS said:

Regarding English divorce, your friend might find wikivorce useful.

But they need to check that an English divorce is legal in the place of marriage. 

Are there any children?

No children 

RAS

The general assumption in English law is that after a short childless marriage the aim is to return the couple to their previous financial situation as far as possible.

Not sure how that works cross border.