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» EgyptSearch Forums » Share Your Egyptian Experiences/Love & Marriage chat » Don't both parties have to be present to "register" the orfi and make it official?

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Author Topic: Don't both parties have to be present to "register" the orfi and make it official?
Josette
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I mean one party can't do that can they????????????????????????????????????????????????????????????????????????????????????????
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al-Kahina
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Yes they can, and its been done countless of times to seize the wife's assets in Egypt.
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akshar
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You signed the contract so any one could register it. You will now need to get divorce under Egyptian law, quite simple if your husband co-operates and nightmare if he doesn't.

I do know of someone who's Orfi marriage was accepted in an English court so be very careful about your status and get some legal excellent advice.

--------------------
Jane Akshar UK Co-owner of www.flatsinluxor.co.uk Appartments and Tours in Luxor

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uklady
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Can they seize the wife's assets in the UK or US? Just a thought?
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Ayisha
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They cant seize any assets, sono is talking out her arse again. [Roll Eyes]
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al-Kahina
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quote:
Originally posted by uklady:
Can they seize the wife's assets in the UK or US? Just a thought?

Possibly in addition to other business contracts.

While listening through my arse, I was being informed by a common law wife of an Jamiacan that her "common law husband" had filed for relief on the basis that during the course of acquiring, establishing and day-to-day business that he and his American common law wife shared he had established a certain quality of life.

Through his newly established business with his common law wife he become the sole provider for his extended family.

His turn of fortune positively impacted the community. So when his common law wife decided it was over and she in turned informed the business's main customers that the business is no longer operational.

So now the business is gone and hundreds of locals are deeply impacted.

He files in US civil court for relief. He gets it.

Through US civil courts its seen as a "business contract" not a marriage license.

Through family courts he wouldn't have a chance, but due to the nature of their relationship, his dependance on her financially and the business aspect of their co-habitation through residence and livelihood maintenance (he couldn't establish a livelihood at that level nor business without her help).

She basically asked for him to keep her bed warm and to remain faithful. She couldn't establish that he had been unfaithful, and in the end infidelities might matter in family court but not civil court. According to the US civil courts he kept his end of the argeement.

So I am sure that a Luxor boy could do the same in the US courts. But as a "breach of business contract", or under the UCC in combination with tort law. US courts won't automatically side with an American just because she's American and her "common law" Jamiacan husband is not.

According to which party is chosing to take legal action or to just bail thinking that while their expectations of the relationship was breached, whom ever has taken the initiative to document and then file an actual complaint with a court has the upper hand.

So one party talks through their arse and one takes the relationship seriously enough to document and file in a court for compensation when the relationship is a bust.

My guess is the "common law spouse" that is all talk has more romantic notions, while the "common law spouse" that files legal action is the more practical and realistic spouse.

Which spouse talks through their arse? [Big Grin]

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Ayisha
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you do sono, what happens in jamaica is not what happens in Egypt.

In Egypt islamic law reigns, in Islamic Law what a woman owns is hers and her husband has no legal rights over it.

There is no seizing of a womans assets unless she decides to give her assets to him.

[Big Grin]

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

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al-Kahina
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quote:
Originally posted by Ayisha:
you do sono, what happens in jamaica is not what happens in Egypt.

In Egypt islamic law reigns, in Islamic Law what a woman owns is hers and her husband has no legal rights over it.

There is no seizing of a womans assets unless she decides to give her assets to him.

[Big Grin]

Wow, you live in a small world don't you?

As I made clear in my post:

Common law marriages are legally recognized in US Civil courts as a business contract and relief can be acquired in US civil courts.

US family courts won't recognize foreign common law marriages.

Do you really think that the US distinguishes between a Jamaican gigilo and an Egyptian gigilo?

_______________________________________________

1. How many Luxor/Foreign couples don't have a business being managed between the couple?

2. How many Luxor/Foreign couples don't live in a residence that is legally owned by either?

Either situation can be addressed by US UCC or tort law. So then the relationship is legally recognized in the US as a common law marriage via a business arrangment.

I didn't make any note to Egypt's Islamic courts, you introduced that not me.

And just because its Islamic law that whatever is legally in a wife's name her husband can't touch doesn't mean that is an absolute in real life. Loads of government and legal documents are in Arabi and not English in Egypt. So how would a foreign wife know what is actually legally hers unless she hired a trustworthy lawyer who is fluent in English?

And what makes you think the Egyptian courts would protect an Orfi wife from swindle at the hands of her gigilo husband?

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Ayisha
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sono make your mind up, are you talking about american law and courts or egyptian ones?

For a common law marriage they parties will have to actually live together as a couple right?

to do this in Egypt they have to have a marriage ok?

So we are talking Egypt here, Egypt law, Egypt courts NOT US courts.

UKlady asked about if they can seize assets in another country other than Egypt. NO they cant. They cant seize assets IN Egypt either.

As you are talking gigalos here then its a bit way off for them to bother applying to a court in USA if they are in Egypt, they couldnt afford it for one thing and wouldnt bother for another, as any US lawyer would tell them not to. They would just find another woman with money, its easier, they dont like to expend energy on something that they wont get a result from.

I for one dont have a business being managed between us, we dont have a business at all. Many dont, many have jobs and get on with life. Some are lucky enough to have a business. A foreigner can have a business in Egypt, they can also own property.

As for the Egyptian courts, the only time things end up in court is when a woman has given her all to a man who ripped her off, or he stole it. The courts would not be sharing out the womans assetts as a settlement as they would in US or UK.

Obvioulsy if the man was brought to US, as yours is, then US law applies, maybe thats where you got mixed up. US law does not apply in countries that are not in US [Big Grin]

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

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al-Kahina
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quote:
Originally posted by Ayisha:
sono make your mind up, are you talking about american law and courts or egyptian ones?

For a common law marriage they parties will have to actually live together as a couple right?

to do this in Egypt they have to have a marriage ok?

So we are talking Egypt here, Egypt law, Egypt courts NOT US courts.

UKlady asked about if they can seize assets in another country other than Egypt. NO they cant. They cant seize assets IN Egypt either.

As you are talking gigalos here then its a bit way off for them to bother applying to a court in USA if they are in Egypt, they couldnt afford it for one thing and wouldnt bother for another, as any US lawyer would tell them not to. They would just find another woman with money, its easier, they dont like to expend energy on something that they wont get a result from.

I for one dont have a business being managed between us, we dont have a business at all. Many dont, many have jobs and get on with life. Some are lucky enough to have a business. A foreigner can have a business in Egypt, they can also own property.

As for the Egyptian courts, the only time things end up in court is when a woman has given her all to a man who ripped her off, or he stole it. The courts would not be sharing out the womans assetts as a settlement as they would in US or UK.

Obvioulsy if the man was brought to US, as yours is, then US law applies, maybe thats where you got mixed up. US law does not apply in countries that are not in US [Big Grin]

uklady
Member # 11161 posted 03-02-2007 12:38 PM
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Can they seize the wife's assets in the UK or US? Just a thought?

I was responding to the rfourth post in which UKLady asked me:

Can they seize the wife's assets in the UK or US? Just a thought?

I responded to that question quite clearly. I clearly stated I was commenting on US law and only US law.

Ayisha I don't care what your questions are. In full scope of things here on ES your questions directed to me are not to gain my perspective/knowlege but to badger.

I won't even read past the first question of your post I am quoting because its useless.

Any time I take the time to respond to your comments directed to me it creates a opportunity for you to insult me and cuss at me. Sorry I don't have as much time and energy to feed your need to degrade me. Its just not worth it.

If you have legitimate questions on this matter contact a local UK lawyer and ask that professional for advice.

To be perfectly honest with you I don't think particularly care about the risks and downfalls. You don't care how or how much you could get hurt. So why let it bother you?

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Ayisha
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sono i have no questions i was answering one, any question to you in my post was to make you think clearly, it didnt work.

UKLady, if you were asking as I thought you were in relation to the original post:

An orfi can be registered without you there as already stated

They cannot seize any of your assets in Egypt or in your home country, if they come to live in your country then the laws of your country will apply, but while in Egypt Islamic law says whats your is yours so they cant register an orfi then run off with your bank accounts unless you allow them.

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

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uklady
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What I was getting at as Ayisha posted what happens under egyptian law. There is no such thing as common law marriage in UK. But I know there is talk of change! I have been though this myself living with somebody and being married!

Interesting point what akshar said. Can you give a brief outline of what happened to your friend ie an orfi marriage being recognised in a UK court.

To all you ladies out there i think this is a very interesting point to consider any possible legal implications of Orfi marriage!

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MK the Most Interlectual
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quote:
Originally posted by Mme. Godiva:
While listening through my arse, ..

ROFL!!! [Big Grin]
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