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Cutting it thin?

  • Kamau
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22 Dec 07 #9427 by Kamau
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My wife and her stepson are foreign nationals in the UK. Their Spouse's Visa expires on March 8th 2008. The marriage has not subsisted since June 14 2007 and I will not be sponsoing them for leave to remain.

My wife has verbally threatened divorce since last summer but I have received no petition. Is she cutting it a bit thin if she wants a divorce and financial settlement before they leave in March? Does the court have authority to pursue the matter of finances once they are outside the jurisdiction of the UK?

Replies would be greatly appreciated.

Kamau

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22 Dec 07 #9433 by Jacko
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Yes very thin I should think assuming she will be leaving the country? Typically it takes 6 months for a straight forward divorce to go through. Though I suppose it depends on what part of the world she will be returning to as to what legal avenues she may have. If the UK has some sort of reciprocal agreement about such matters in that country.

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23 Dec 07 #9475 by Kamau
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Hi Jacko and thans for your timeley response. My wife and my stepson are Kenyan nationals. Are you aware of any arrangement that can be pursued between the UK and Kenya?

I am beginning to think that she will not file for divorce on religious grounds. She is a staunch Jehovah's Witness and, according to her beliefs, has no scriptural grounds for divorce. According to their Governing Body, the Watchtower Tract Society of Brooklyn, the only reason she can give as grounds for divocre is one of adultery on my part. Since I have not comitted adultery, she would be able to divorce in British Law for reason of irretrievable breakdown, but as she has no reason or proof of any adultery on my part, she would have to suffer the indignity of "Didfellowshipping"> This is a mediaeval practice of ignoring the disfellowshpped party. The WTS still practise this inhumane and cruel act. It means she could attend her congregation but others would not engage with her to the point of ignoring her. To add insult to injury, escape from notice is impossible since they keep global detailed records of all their members.

Hence she would have to stay married although apart from her husband.

Do you have any further views on this?

Thanks again for your kind input.

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24 Dec 07 #9486 by Jacko
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Kamau wrote:

My wife and my stepson are Kenyan nationals. Are you aware of any arrangement that can be pursued between the UK and Kenya?


Maybe you should contact the Kenyan Embassy and see if they can advise?

As far as the other things you raise you say she has only threatend you with divorce. You also say she may not start procedings anyway because of her religous convictions. so maybe it will come to notthing anyway.

If I were you I would still try and find out what she may be able to do after she has left the country.

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24 Dec 07 #9492 by Kamau
Reply from Kamau
Thank you Jacko, for taking the time to advise, especially at this busy time of the year.

I am inclined to agree with you. I do not think she will file for divorce. However, I have been around for long enough to realise that people are inclined to do surprising things especially where money is involved. I would not outrule any devious act concievable to man/woman. In fact, I am more worried about her solicitor than I am about her.

However, my solicitor (who is as cold as ice and who is not rempotely fazed), tells me to wait and see what she will do and then "after this is over" we can do something in terms of securing my assets. My solicitor states that it is pointless doing anything now since, if she did decide to divorce, the court has power to force the sale of the house in any case.

So, yes, that seems like it is imperative that I secure my assets after her departure. I am considering putting the house in trust. I must find out about getting a clean legal break, although my wife will not participate or assist in any way.

It's very considerate of you to take the time to reply. There are times when I have felt that I'm in this alone.

Kindest regards

Have a good Christmas

Kamau

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