My sister married an egyptian 5 years ago. They had a civil ceremony in Cairo.
Due to cultural differences which my sister was naive about their marriage did not last and 2 years ago my sister left him and has not had contact since.
She is wanting to move on with her life but does not know if she is still married to him or not.
We do not really know anything about Egyptian law and a limited amount about their culture.
My sister has not signed anything to divorce so what I am asking is would he be able to divorce her without her knowledge. If he can how can we check.
Any feedback would be greatly appreciated.
Posts: 2 | Registered: Sep 2010
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Yes he would be able to divorce her quite easily without her consent or contacting her...I believe all he needs is a copy of the marriage contract and sign a few papers and divorce is granted within days or weeks. This can be done at the Ministry of Justice in Cairo, the same place they were most probably married. I'm sure there is a way to verify this but I'm not sure how, maybe someone else here can help you with that. Take care
Posts: 41 | From: Canada | Registered: Apr 2010
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Hi Gulliver. Where are you from? Was the marriage registered with your embassy in Egypt?
Posts: 1678 | From: New Egypt Forum - http://www.egyptalk.com/forum/ | Registered: Dec 2009
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I believe it would make a difference as to whether the marriage stands here in the UK. If it wasn't registered with the UK consulate, then I think she would be free to remarry here in the UK, or anywhere else bar Egypt. So long as she didn't plan on returning and marrying another Egyptian I don't think there would be a problem. I don't think, but there are a lot of folks here who know a lot more about it than me. I'm not sure, for example, whether he could register the marriage with the UK consulate after the event without your sister's knowledge.
As you don't know whether he has divorced her or not, you can only presume he hasn't. I think our own laws on desertion (if the marriage is registered with the consulate, I believe she can divorce him through the UK court system) are two years separation with his consent to the divorce, and five years separation without. So I think if you have no address for him in Egypt where the papers can be served, a UK court would grant her a decree absolute after the full five years separation.
There are a lot of "I thinks" and "I believes" in here. I hope someone else can chip in with more definites. Has she cut all ties to him or does she still have contact details? It might save her a good deal of hassle if she can talk to him about it. Otherwise it could involve instructing a UK solicitor and/or an Egyptian agent. She could try getting an appointment with a local solicitor - often they'll do the first appointment free. If she has to go to one specialising in international law, this could cost silly money and she may be better off looking on the British Consulate website and instructing an Egyptian lawyer direct.
If she lives in London, tell her to catch a train and hire a lawyer as far away as she can bear. Many lawyers in london charge £500 per hour plus, whereas it's a mere £200 out in the sticks (unless her earnings and assets are below the threshold and she can get legal assistance). Like I say, if she can just ring the guy, that's where I'd start. Otherwise things could get pretty expensive pretty quickly.
Posts: 1678 | From: New Egypt Forum - http://www.egyptalk.com/forum/ | Registered: Dec 2009
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So following your logic MM I am free to marry a man in the UK as well as having an Egyptian husband. Do you really think the law stops at the UK borders and any other countries laws are not relevant.....
You know there's alot to be said for if you don't know then don't comment.
Even if the marriage was done at the ministry of justice and registered with the British Embassy she does not qualify for a divorce in the UK without his consent for another 3 years so why waste time and money with UK lawyers.
However as you said the sensible thing would to be to pick up the phone and call her husband.
Posts: 3809 | From: Paradise | Registered: Mar 2003
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Yup, on reflection I see Penny is right. I shall go boil my head without further delay.
Posts: 1678 | From: New Egypt Forum - http://www.egyptalk.com/forum/ | Registered: Dec 2009
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quote:Originally posted by Penny: Even if the marriage was done at the ministry of justice and registered with the British Embassy she does not qualify for a divorce in the UK without his consent for another 3 years so why waste time and money with UK lawyers.
Are you cereal? He has to CONSENT?
Posts: 758 | From: Here. There. Everywhere. | Registered: Mar 2008
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Yes, Uk divorce laws are desperately in need of an update.
You have to wait for 5 years of separation before you can get a divorce without his consent. The alternatives are a 2 years separation with both parties consent, before that you have to play the blame game and prove adultery, or unacceptable behaviour.
Posts: 3809 | From: Paradise | Registered: Mar 2003
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Divorce in other country is very easy you just have to make sure that both parties agreed. Do you have kids? because if you have then better make sure they get their allowance or anything that you desire for the sake of the children. Here in our country you can't get a divorce that easy you have to wait years, I mean so many years.
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