URGENT information re. DIVORCE required

Wave Rider

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Aug 22, 2008
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Can anyone please help me with information regarding the legalities/practicalities of obtaing a divorce within the UK from a marriage made between two UK citizens in the Dominican Republic during 1996.

The marriage certificate is in Spanish (never translated or subsequently logged/registered in UK)

1) Although the marriage is legal as far as UK law is concerned, can a divorce be obtained under UK law when the marriage was not registered in the UK?

2) Would it mean a divorce would have to be heard in the DR and if so would that mean that one party would have to be present in the DR to obtain it, provided (under DR law) both parties are consenting to it?

In short, hubby wants a divorce, I don't - can he obtain one in the UK or can I hope that it will fall under DR law and I can prevent him, by refusing my consent?

Many thanks in anticipation of some much needed and accurate information folks!
 

Matilda

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Sep 13, 2006
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I am not sure, but I think if the marriage was not registered in the UK then you are not legally married in the UK. You need to check with a lawyer there. If you go to the registry of births, marriages and deaths then of course they will have no record of you being married, so if you are not married then how can you get divorced?

If he wants to get divorced and you don't then under UK law he has to divorce you for adultery or unreasonable behaviour or wait 5 years. But again you would probably know that better than me as I have been away from UK for a while.

Your best bet is to contact a solicitor.

Good luck

Matilda
 

Wave Rider

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Aug 22, 2008
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Well that was helpful ....... NOT

It's all too easy to make flippant and arrogant remarks without being in full possession of all facts and background to the case.

For a number or reasons, not least two young children, I don't wish to divulge more on a public messageboard.

I'd much prefer replies from folk that have some knowledge/experience of the questions I've asked, rather than those who would appear too have a little too much time on their hands, and/or take delight in responding with opinion rather than fact.

On that basis, grateful thanks to Anna and Matilda for your constructive replies thus far.
 

Lapurr

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Jan 25, 2008
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How are those remarks remotely arrogant? short and to the point more like it, becasue your post was so vague, it's obvious,you want him.. and he doesnt want you!!
How can you force someone to stay with you if they clearly DO NOT want to?

Having said that...I hope your Hubby finds a way out!!:surprised
 
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Wave Rider

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Aug 22, 2008
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How ridiculous!

My original post could only be descibed as vague by those wishing to respond with 'short and to the point' replies that are neither construtive, well thought out, or in the remotest way relevant to the questions I'm trying to get answered.

As for your assumptions regarding my situation, you only go further in portraying your ignorance, and lack of thought before posting irrelevant responses.

I do not wish am important thread on a message board to become a source for your own self-importance. Please don't bother continuing unless you have anything sensible to add - which I somewhat doubt.

To all the other folk out there - particularly the ex-pat Brits - grateful thanks for your messages of support and information to date, although I still require clear clarification of the questions I've asked.

Many Thanks!
 

AnnaC

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I think people need to remember that the legal forum is for legal type questions and as much as well meaning people think they are being they should not give out personal opinions. If the OP wants relationship advice then we would move the question elsewhere.

If you don't know the answer to the question asked it's best not to reply at all.


I sent the OP a pm answering her questions because I didn't know the answer the the UK side of things but thank you Matilda for helping out.

For the benefit of others, a quickie divorce in the DR would require the consent of the other spouse and one of the spouses would have to travel to the DR.

This is how to answer questions in the legal forum.

To the OP, you do not need to explain anything to anyone. ;)
 

Lapurr

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Jan 25, 2008
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Wave Rider you are right and I apologise, I know nothing about Divorce and i will stay out of it, as a gesture of kindness all i can do is help research, But i would not want to give you any wrong info, so now i understand your question and why you need to have it first hand from someone that has had the experience.

Good Luck,

this is what i found from a google search!

When you get married in a foreign country. Then you need to get a notarized translation of your foreign marriage certificate into English language. And then you need to register the original and the translated marriage certificate at the British Embassy or Consulate in the country where you got married.

Once you do this. Then your foreign marriage is officially recognized in UK. And then you can get divorced in UK just like anybody else.

But if you get divorced in UK. Then your divorce won't be automatically recognized in the country where you got married. To get your divorce officially recognized there. You need to get a notarized translation of your divorce certificate into the official language of that country. And you need to register your divorce certificate at the Embassy of that country in UK.
 
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DQ2U2

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Feb 7, 2008
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Dear Wave Runner....

This is just a thought...

It wouldnt be the first time a marriage was never recorded in the DR....

Are you even sure that your marriage is in fact legit anywhere...

good luck... I hear you on the not wanting a divorce... long term marriages are work... and go through many periods of growth... you are not DATING...you are MARRIED...

I hope things work out for you both.

D
 

Lambada

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although I still require clear clarification of the questions I've asked. Many Thanks!

And it may be difficult to give you this because the search as to whether your marriage is even recognised in UK if it wasn't registered there (Matilda's point above) has to start in the UK.

Generally speaking and under the Hague Convention on the legalisation of foreign documents the UK Registrar General advises that a DR marriage would be recognised as valid in UK provided that it complied with the law of the country where it took place and the couple had the legal capacity to marry under their law(s) of domicile. If you check the Registrar General's website the DR is one of the 'approved' countries.
Marriages: Where can I marry? - Can I register my overseas marriage in England and Wales?

Maybe email the Registrar General with your query to start with?
overseas.gro@ons.gsi.gov.uk

The other thing which it might be helpful to look up is petitioning the Courts for a declaration of status under Section 55 of the Family Law Act 1986. I'm mentioning this in case your husband goes this route in order to get a divorce. I'm not sure of the time limits on registering a DR marriage in the UK but presumably if he could still register the marriage, he might do so without informing you?

I'm not a lawyer, I am a Brit & I did work in UK as a probation officer but it was a very long time ago & the UK legislation has probably changed. There is also the issue of whether a divorce obtained outside UK is valid in UK - see Family Law Act
United Kingdom Divorce, Prenuptial, Separation, International Family Law

The other UK organisation which might be able to advise you is Children and Family Court Advisory Support Service. This is thinking outside the box a bit & possibly several steps down the road, but.........nothing venture nothing gain.
Cafcass - Putting children first in family courts > About Cafcass
 

Wave Rider

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Aug 22, 2008
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Many Thanks

I have already found one or two of the links you suggest, and I have sent off a number or emails to the DR Embassy and Commonwealth Office over here, however the overall information in your post has been very useful.

Many thanks for taking the time - it's much aprecciated - thank you!
 

MikeFisher

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without own divorcing experiences i would stick with Lambada's advice and check in the UK what the laws say there about a foreign marriage not registered in the birth country of the two spouses.
about the 'advice' to the country of marriage(dominican republic) i had a fellow german friend who divorsed from his Dominican (so the difference is that one been dominican, just one been european) wife, he had to present at the dominican embassy the dicorce papers to make sure he oblies no more under any responsabilities for her in the country where they got married years before.
but different circumstances because not UK citizens, one been local, and they legalized their marriage in germany.
i would consult UK authorities/legal offices to get the real actual info on behaviros/rules/laws to be sure that what you do has finally a legal base and is not just a nice extra profit for some lawyers.
wish ya all the best
Mike