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Advice please

Discussion in 'Relationship Advice' started by orly, Feb 18, 2017.

  1. orly
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    orly New Member

    She is entitled to half of everything, I thought?
  2. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Last edited: Feb 20, 2017
  3. orly
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    orly New Member

    Married in 2014. We were together for a year before that.
  4. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    ask yourself these questions
    how long in the uk?
    what has she contributed to the house in that time?
  5. bigmac
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    bigmac Well-Known Member Trusted Member

    i divorced my previous wife--we hadnt been married long. i owned my house--but she worked full time and paid me a monthly amount to cover the bills.

    so when i sold my house ( partly to raise the cash for sponsoring my present wife )---i offered the ex a lump sum as a full and final clean break settlement. the amount i offered was equivalent to the monthly amount she paid me over the 25 months we were together. we both signed a clean break agreement. but i dont think it carries any weight in law.

    i didnt use a solicitor--and divorced her by 2 years separation with consent--which was her suggestion as she didnt want to pay the costs. my court costs were £450---3 years ago.
    • Agree Agree x 2
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    my present wife ( filipina ) was here in the UK when i first met her--in 2011. she filed for divorce--here in the UK---from her pinoy husband using 5 years separation --without consent. it was granted. but would never be recognised in the filis--so she went for annulment as well.

    in your case--if you separate--can she support herself--or will she head home ? i think thats the best option for you. then file for divorce--which will set both of you free. but the chances of her getting any sort of financial settlement from you will depend entirely on your generosity.
  7. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    in your case--if you separate--can she support herself--or will she head home ? i think thats the best option for you.FOR HER TO HEAD HOME then file for divorce--which will set both of you free. but the chances of her getting any sort of financial settlement from you will depend entirely on your generosity.

    Agreed
  8. orly
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    orly New Member

    She is working full time so can afford to be here. But if the visa expires and she's no longer legally able to work, then no. However, I can't really see her leaving, maybe she'll go into hiding and keep working - as what does she have to lose (assuming she resigns to fact that once she leaves she's never coming back and therefore doesnt care about overstaying / working illegally)
    Last edited: Feb 20, 2017
    • Agree Agree x 1
  9. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Then you have to look after yourself to be blunt! Do you want the relationship to work does she?maybe a little time away from each other would help, whatever you do dont leave yourself open to financial loss or legal difficulties with the Police, Border Agency or Financial Instatutions
  10. bigmac
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    bigmac Well-Known Member Trusted Member

    you are still her sponsor--responsible for her accommodation and fiancial support if she lost her job. if you really feel its over--you have got to notify UKVI. if shes prepared to go illegal then you should cover your ass.
    • Agree Agree x 2
  11. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    I very much agree with Mattcube's and Bigmac's last posts.

    As soon as she moves out of the residence specified on the BRP she becomes an illegal immigrant. In that event, you MUST notify the Home Office at once, and it would be no more than common sense to also tell her employers that she is no longer legal and they should, in their own interests, stop employing her.
  12. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Going back to the earlier question, it makes no difference who filed for divorce first, financially.

    A reason for starting the process whilst she is still here is that there can be no doubt that she has been validly served with the County Court Summons as the Respondent. It is easy for Filipinas to evade process servers in the Philippines and employing one just adds to the cost.

    The only grounds that she might have for staying here would be an allegation of domestic abuse, so it's best to be very wary of this. Do not under estimate the malignancy of some divorce lawyers!

    Accordingly, I think the smart move is to serve her with the petition for divorce and put her on a plane home at the same time.
  13. Timmers
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    Timmers Well-Known Member Trusted Member

  14. orly
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    orly New Member

  15. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    put her on a plane then wait 2 years and put in a claim for desertion this looks like a long haul for you!
  16. Timmers
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    Timmers Well-Known Member Trusted Member

    Yes, the two year separation divorce route is the only no fault route to take, I'm guessing its the most popular and the easiest thus probably making it the cheapest.

    Still doesn't really help the OP though does it, seems a bit harsh putting a former loved one on a plane, but needs must.
  17. bigmac
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    bigmac Well-Known Member Trusted Member

    unreasonable behaviour.

    or--2 years separation--with consent. that means the respondant has to sign agreement to it. no-one will check if you have been separated for 2 years--and you can still live in the same home even separated. in other words--if youre both agreed--its the easiest cop-out. but you have to have been married a year before the 2 years starts.
  18. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    the longer in the house the greater the risk in my opinion
  19. Timmers
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    Timmers Well-Known Member Trusted Member

    Its not practical to live with someone when the relationship is a Roy Orbison job, best to knock it on the head and go your separate ways.

    If I was in the same situation I would boot the missus out and tell her she can stay in the UK until the next leave to remain is due, at least that way they have some money from their job to take home with them.

    A relationship failing is a fact of life, marrying a Filipino in haste and without spending a lot of time together before marriage as many do increases the chance of the relationship faltering.

    Not all of us will see our marriage through to the end.
  20. Timmers
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    Timmers Well-Known Member Trusted Member

    Probably right there, a risk that you might get back together again too :)

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