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Author Topic: Divorce Question from UK
Bob13
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I'm sorry if topics such as this have been covered before but I have tried to search the forums and havent found anything.

If anyone can help then I would appreciate.

I am a UK citizen and married to an Egyptian woman. She has been in the UK with me for the past two years but returned back to Egypt a few months ago. We've tried to make things work and seemed as though things were getting or if not sorted. Well things took a turn for the worse and she now wishes to precede with a divorce. (complicated story)

As I am UK based and not Egyptian what is the quickest way to do this. We got married at the Ministy of Justice and then went to the British embassy for visa etc etc I personally do not wish to go to Cairo whatsoever. Does anyone from the UK know what would be the best possible way to end this.

thanks

Posts: 5 | From: UK | Registered: Jan 2008  |  IP: Logged | Report this post to a Moderator
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Are you both moslem?

If so you just have to say

'I divorce thee' but not if she is pregnant or during her period.

If after 3 months she is not pregnant consider yourself divorced.
Males do not have to go to court, only women do.

You should after the 3 month Iddah period make a statement of divorce on paper and send it to her so that she has proof of divorce if she wants to re marry.

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543322

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Ayisha
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Bob13, whas your marriage 'registered' in UK when you returned there with her?? if so you can obtain a divorce the same as you would if married IN uk, not sure if the Ministry actually 'register' it for you in uk. Not quick though and she will have to sign papers. Try finding a lawyer in UK that can advise you.

This is not an Islamic marriage and cannot be 'divorced' through the Islamic way. You will have to obtain a divorce certificate and so will she before either of you can remarry.

--------------------
If you don't learn from your mistakes, there's no sense making them.

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But aren't the Islamic ones also taken to the ministry of justice too?

If he married here he would have to convert wouldn't he? She if moslem cannot marry a non moslem and if she did then maybe the marriage is not valid anyway?

If they were copts would they not be married in a church?

Fill us in Bob a bit....

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Ayisha
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TOOT even if they were both Muslim they have entered into a marriage that has the same legal status as marrying in a registry office in UK.

When Muslim friends of mine in UK married they married first 'Islamically' then married again in the registry office to make it 'legally binding' by UK law. Marriage in the Ministry makes it legally binding as per UK laws. You have to register it when you get to UK so you can obtain a copy of the certificate IN UK if you should need one, and to get a divorce in UK should you need one. If it is not registered in UK it only means you cant get copies from UK registry office, it does not mean you can just say 'I divorce you' 3 times as its a legally binding contract as per UK law anyway, so you have to divorce by UK law too.

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Bob13
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guys thanks for your replies

Yes we are both Muslims. I got married in the not so pleasant or romantic place known as the ministry of justice (lazoughly square). From there, i transalted the marriage certificate and passed it to the British embassy for a visa application.

I did not register the marriage in the UK whatsoever, as I'm pretty sure I was told at the time it will be passed over to the UK registrar in the coming weeks and as it was an Islamic marriage this would be recognised in the UK. Not sure how accurate this is.

Islamically I know that I can repeat 'I divorce thee' three times and then it's over. However, my question was more based around the legal aspect and what would be the best way to go about doing this given that doing any thing in Egypt is difficult at the best of times.

Thanks

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Ayisha
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Bob13, you can get your divorce in UK, you have a valid UK marriage. Get advice in UK for this from a lawyer or from an advice centre. Good luck.

--------------------
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Your best bet is

Go to your local district court house, go to the family section, ask the officer there if you can divorce your wife if you were married in Egypt and that marriage certificate was used as proof in obtaining your spousal visa.

If he says you can then ask him for the Divorce Pack. You dont need a lawyer at all to divorce if both agree even if there are children.

He will give you an envelope with a bunch of papers. Fill them in and they will then serve your wife the intention to divorce. This can be done DHL. She returns the document saying she agrees to your reason for the breakdown of the marriage. If there are children you will also find a paper in there about that. You need to fill that in agreeing on custody. It is very simple to complete. Once her reply comes back they will notify you and give you a number. It then takes about 6 weeks to get to a judge. If he is happy that there is no problems and it is amicable he will inform you both that he will issue a decree nisi in about 4 weeks and give you a date for that. You should not have to go to court unless there is a problem. You will then go to the court office desk on the date for the decree nisi, sign for it and go. You will then get another letter that if the court does not hear from either of you wanting to halt proceedings they will issue the Decree absolute in another 4 weeks or so.

From going the the office and picking up the pack, and considering you are both in agreement the whole process takes 3 months.
It should cost between 200-300 sterling total.
No lawyer fees and very simple.
Dont let anyone fool you into using a lawyer. You dont need one if you can fill in a few forms and you both want divorce.

Good luck

[Wink]

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Attorney at Law
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Dear,

Please be advised that the best way is to send a Power of Attorney to any lawyer in EGypt to divorce her on your behalf.

With best regards,

www.egypt-law.com

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Ayisha
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quote:
Originally posted by TOOT Suite [Smile] :
Your best bet is

Go to your local district court house, go to the family section, ask the officer there if you can divorce your wife if you were married in Egypt and that marriage certificate was used as proof in obtaining your spousal visa.

If he says you can then ask him for the Divorce Pack. You dont need a lawyer at all to divorce if both agree even if there are children.

He will give you an envelope with a bunch of papers. Fill them in and they will then serve your wife the intention to divorce. This can be done DHL. She returns the document saying she agrees to your reason for the breakdown of the marriage. If there are children you will also find a paper in there about that. You need to fill that in agreeing on custody. It is very simple to complete. Once her reply comes back they will notify you and give you a number. It then takes about 6 weeks to get to a judge. If he is happy that there is no problems and it is amicable he will inform you both that he will issue a decree nisi in about 4 weeks and give you a date for that. You should not have to go to court unless there is a problem. You will then go to the court office desk on the date for the decree nisi, sign for it and go. You will then get another letter that if the court does not hear from either of you wanting to halt proceedings they will issue the Decree absolute in another 4 weeks or so.

From going the the office and picking up the pack, and considering you are both in agreement the whole process takes 3 months.
It should cost between 200-300 sterling total.
No lawyer fees and very simple.
Dont let anyone fool you into using a lawyer. You dont need one if you can fill in a few forms and you both want divorce.

Good luck

[Wink]

Wonderful!! Step by step guide to divorce [Big Grin] This is how I divorced my ex husband in UK too, did it ourselves. Didn't cost that much though but it was a while back. [Big Grin] All she has to do is sign.
Posts: 15090 | From: http://www.egyptalk.com/forum/ | Registered: Jul 2004  |  IP: Logged | Report this post to a Moderator
   

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