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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Divorce as a Foreigner

  • hongkongboy
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26 Feb 21 #515908 by hongkongboy
Topic started by hongkongboy
Hi. I'm on a FLR(M) visa as a spouse of a UK citizen. Our relationship is broken down. We will divorce as soon as I get my Canada open work permit. Hong Kong is not safe and I do not plan to return there.

I need to ensure the whole divorce process is legal and does not affect my citizenship pathway for Canada.

As a foreigner, I understand legally I need to "tell the Home Office when I divorce or separate from my partner if my visa is based on our relationship" (www.gov.uk/visas-when-you-separate-or-divorce), then the Home Office will "tell me when do I need to leave the UK".

My questions are:
1) Do I inform the Home Office of divorce immediately after applying for divorce online through gov.uk, or after getting the decree absolute (officially getting a "divorced" status)?
2) It takes at least six months to get the decree absolute. If I need to inform the Home Office immediately after applying for divorce online through gov.uk, and they only give me a short time to leave the UK, will i be able to finish all the remaining steps (until getting the decree absolute) in Canada?

Have to make this post because I called UKVI twice for this issue, they gave me two completely opposite answers on the first question.

Thank you.

  • wikivorce team
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  • Moderator
27 Mar 21 #516289 by wikivorce team
Reply from wikivorce team
We cannot provide full clarity on this question as there seems to be some ambiguity in the various legal views of exactly when you need to inform the Home Office.


The Home Office form implies that you need to tell them when the relationship is 'no longer subsisting'.

Various solicitor websites say that once you are longer living together then your relationship is 'no longer subsisting'.

I suggest that you consult a specialist immigration lawyer.

One part of your question we can confirm is that - yes - you can finish the remaining steps of the divorce process from Canada.

(Unless you have a contested court hearing for child issues or financial settlement in which case you would need to fly in to attend).

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