I asked about this a while back here, not sure if this still applies now ->
www.wikivorce.com/divorce/Divorce-Advice...rove-my-divorce.html
I am planning to begin divorce proceedings against my wife who I married in October 2008 and have been living with since June 2010 (before June she was living with her parents in her own country).
I was married in an Islamic ceremony in a different country where the marriage was formalized in front of an imam. We haven''t yet had a civil ceremony in the UK.
She has been acting very unreasonably in the 2 years we have been together, and as a consequence, our relationship has broken down and this has left us feeling very depressed and confused about what action to take, but I have now finally resolved to divorce.
The main complication and reason why we have not yet divorced is our child who is now 1 year old (she will probably get custody due to our childs age).
I am 32, she is turning 24 soon.
Neither of us is currently working. I am claiming JSA and Child Benefit, but she is currently not entitled to benefits as she isn''t a British citizen. She has not got ILR, we were supposed to apply for it this week, but since things have broken down so badly I have not even bothered doing anything about this. I am planning to find work soon but have been putting this off since if I did have a job it would possibly affect her claim afterwards (I guess?), so I probably won''t do this until I get a divorce just to be on the safe side.
I am currently the only registered owner of the house, which she says she will not claim against, but I don''t know whether she will change her mind about this when divorce proceedings have begun. There is about £30K equity in it as I only bought it just before she moved to the UK, (May 2010), and there still is a large mortgage left to pay (80k).
We have no other assets, debts or liabilities.
At this point, my greatest concern is for my child who I am worried she will cart off back to her country to live with her and her parents and siblings. The child does have a passport, is it possible to get a stop placed on this so she can''t take the child out of the country? It''s probably better just to take the passport for now I guess, to stop her from making any rash moves.
Also is it worth trying to get her to sign a document which effectively forfeits her claim in my house and would such a document hold any weight in court?
The main things I''d like to know are whether she is actually going to be given much by a judge if this eventually goes to court? What am I likely to lose/be told to pay out?
I do want to sort it out amicably without involving a court, but this may be unlikely considering her temperament right now.