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Re:Final Hearing

  • Zebra1
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11 Feb 08 #13564 by Zebra1
Topic started by Zebra1
Hi,
Could anyone please guide me on my final hearing matter from following brief information.
I married my wife who came on dependent visa in UK and after one year and 8 months she left family home.She is living with her boy friend now.My divorce matter(filed in 2006) is listed for final hearing in 2 weeks time.
I had bought a flat in in which we lived together for 5 months only after which she left.
She has been delaying the whole process for the last two years and has once been penalized by the court also to pay for th costs of hearing.
till date she has changed 3 solicitors and everytime she leaves because she doesnt pay solicitors for their services.
She has been bafling the immigration as well to get a permanent status in the country and using all means.
Could anybody please tell if by any chance she can obstruct the final hearing and if there's any chance that court may not come to a decision in the final hearing.
Importnat thing is she has not contributed anything towards purchase of flat.
Under these circumstances will she be liable to take share from the property.
Thanks

  • DownButNotOut
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11 Feb 08 #13586 by DownButNotOut
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It is perfectly possible for her to delay the final hearing.

Divorce cases can drag on for years if one party is uncooperative. It is very easy to wait til a few days before a hearing and then claim to be ill. It can then take the court several months to re-schedule the hearing.

However, once the final hearing takes place then a ruling will be made. So she cannot avoid an outcome forever

It makes little difference that she paid nothing towards the flat or paid none of the mortgage.

She will still have a claim to the increase in equity of the property from the time it was purchased til the date fo the final hearing.

Because in UK law she was a partner in the marriage and deserves a fair share of the fruits of the marriage.

  • sexysadie
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11 Feb 08 #13588 by sexysadie
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However, this is a short marriage (one year eight months before separation) so each should take out what they put in, assuming no children.

Sadie

  • Lady in Blue
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11 Feb 08 #13597 by Lady in Blue
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You don't say which country she is from. If she's not from EU then surely she is breaking the terms of her visa and should be sent back home?

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12 Feb 08 #13672 by Zebra1
Reply from Zebra1
Hi Thanks for your reply ..she is from india...she should be sent back ..but she is baffling the immigration authorities on the grounds of divorce preceedings aand on the other hand delaying the divorce matter.

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