gjpw

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

Noorah101

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

scrubbedexpat099

A negotiating ploy, divorce her in the UK?

Pulaski

You can file where you live, no matter where you married.

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.

scrubbedexpat091

See a lawyer. Don't sign anything or agree to anything until you see a lawyer.

H Bomb

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.

Guindalf

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.

scrubbedexpat099

Usually the issue is increase in values, which may be nothing.

Giantaxe

The OP definitely needs legal advice. Having said that a house owned before the marriage (not sure whether that is the OP's situation) that is still titled to one person probably isn't marital property that can be divided on divorce. Assuming "SC" means South Carolina:

South Carolina Marital Property Laws - FindLaw

Pulaski

Unless this advice was from a divorce lawyer I wouldn't believe a word of it. I have certainly never seen anything that you only get out what you put in, and a number of high-profile counter examples, which is why pre-nups are still as common as ever in the US.

ian-mstm

If your mom is still alive, then I suggest you get her to slap you silly... because if what you've written is true, then you're a complete fool.


They aren't your children... that responsibility should have fallen to the children's father!


She has played you like a violin from day one. The children, by the way, are now your stepchildren... so if you don't want her to claim half your house in the UK, I suggest you file for custody of the children. You can drop your claim when she drops hers!

Ian

gjpw

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

yellowroom

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.

gjpw

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

gjpw

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.