us citizen Divorce
In Brief
I live and work in UK Married a us citizen in sc. Married primarily to look after Her 2 children if she passed away as She had cancer. Travelled twice a year ,2 or 3 weeks at a time to states to support until I was supposed to be moving later this year. All totally legal visits. Did not apply for visa etc.This was to happen when I actually moved to states. Married just under 2 years. She has now met someone local in SC so I'm surplus to requirements. No joint Bank acc. No property in Joint names. She is filing and wants a quick divorce obtained and paperwork online which she has said she will forward. She is suddenly saying she could have half my home in UK? Do I have to do anything or is this all rubbish talk. Any advice appreciated. I was told I actually could be difficult and not sign anything. I'm not that bitter,YET :) |
Re: us citizen Divorce
The divorce can be quick if you don't contest what she wants. If you do, you'll probably need a lawyer to counter what she wants.
Rene |
Re: us citizen Divorce
A negotiating ploy, divorce her in the UK?
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Re: us citizen Divorce
Originally Posted by gjpw
(Post 12155270)
I never even registered it here in uk Didn't get around to it.
That said how can she be entitled to anything when she contributed nothing. I owned before I met her. She has never been on any bill etc. I never actually lived with her in states either. Only visited in effect. Plus if She can claim off of me then does it not work both ways. The children were not mine. Its all a mess really . I'm lucky I didn't quit my job as was planned and move out. Generally in the US and the UK spouses split assets approximately 50:50 unless there is a pre-nup; generally this is true no matter what assets each spouse brought into the marriage and no matter how long the marriage lasted. You may have made a very expensive mistake. (i) you need legal advice, and you need it now! (ii) after having obtained competent legal advice, the best alternative may be to offer $x,000 for a quick settlement, or threaten to contest the divorce and drag it out as long as possible. |
Re: us citizen Divorce
See a lawyer. Don't sign anything or agree to anything until you see a lawyer.
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Re: us citizen Divorce
You don't need to register the marriage in the UK - the treaty between the UK and US means a marriage in one country is valid in the other.
- She is filing and wants a quick divorce obtained and paperwork online which she has said she will forward. - She is suddenly saying she could have half my home in UK? Is she only saying that as you are not obliging her with a quick divorce? Based on she could have half your home in the UK - I would be giving her the quick divorce she wants. |
Re: us citizen Divorce
As long as you're legally married in the US, there's nothing to register in the UK.
Not having applied for an immigration visa would have worked against you if you were planning to move and then file anyway. You MUST remain in the UK for the application (although you could still visit), but all that is moot now. By the same token, noit having applied could work in your favour as it proves that the marriage was not completely 'normal' and may well have an effect on any entitlement. This is clearly a job for a lawyer and I suggest you find one asap. The circumstances are not 'normal', so it's almost impossible for anyone to give advice outside of someone with professional or actual experience. |
Re: us citizen Divorce
Usually the issue is increase in values, which may be nothing.
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Re: us citizen Divorce
Originally Posted by Pulaski
(Post 12155277)
Generally in the US and the UK spouses split assets approximately 50:50 unless there is a pre-nup; generally this is true no matter what assets each spouse brought into the marriage and no matter how long the marriage lasted. You may have made a very expensive mistake.
(i) you need legal advice, and you need it now! (ii) after having obtained competent legal advice, your best bet may be to offer $x,000 for a quick settlement, or threaten to contest it and drag it out as long as possible. South Carolina Marital Property Laws - FindLaw |
Re: us citizen Divorce
Originally Posted by gjpw
(Post 12155290)
Seriously? I was informed the 50/50 thing doesn't happen anymore. Especially if you don't have children together. I was informed you now have to literally prove you contributed? .....
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Re: us citizen Divorce
Originally Posted by gjpw
(Post 12155177)
Any advice appreciated.
Married primarily to look after Her 2 children if she passed away as She had cancer. I'm not that bitter, YET Ian |
Re: us citizen Divorce
love is blind ian. Plus there was a serious possibility she wasn't going to be with us so I thought I was doing the right thing. Dad is absent no where to be seen at mo. Yeah get your point though
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Re: us citizen Divorce
Originally Posted by Pulaski
(Post 12155277)
Generally in the US and the UK spouses split assets approximately 50:50 unless there is a pre-nup; generally this is true no matter what assets each spouse brought into the marriage and no matter how long the marriage lasted. You may have made a very expensive mistake.
(i) you need legal advice, and you need it now!. |
Re: us citizen Divorce
Originally Posted by yellowroom
(Post 12155412)
while I second all the calls for you to get legal advice in both the U.K. and US, I just wanted to comment on the 50:50 rule from a UK perspective. For short lived marriages, where there are no children, there is a current trend for the courts to divide the assets to return the two parties back to where they were before the marriage. Or as close as possible. This is what the government says: https://www.gov.uk/money-property-wh...-splits-assets It very well may be in your interests to get divorced in the UK if it really was a marriage of convenience and you can prove that.
I'm awaiting on papers in post. She is now saying she just wants it to be sorted by papers she's got online. Of course ill have checked but she's skint so I am hoping she will just be happy for a straight forward no crap divorce. I am hoping she's just happy she will be able to get on with life. I did nothing wrong but she couldn't wait I guess This thread has got me more worried than I was |
Re: us citizen Divorce
Thanks for advice. I'm hoping she will be content at it being straight forward. She wont want legal fees either. This thread got me more worried than I was
All I had is in my name only and yes I had it before I married. |
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