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snuggels
960 Posts |
 Posted - 22 Mar 2012 : 21:15:18
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While it’s sad when any couple split up it happens
A friend married a Gambian lady 7 years ago she has been living in the UK ever since and has not yet got residence status only a extended visa
Luckily they did not have children
As they where married in Gambia my friend will be consulting a Gambian solicitor as it will be cheaper and his wife will not have the rights if it was finalised in the UK in so much as having any call on his assets
Does any one know or had experience of same situation
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Momodou
Denmark
11634 Posts |
Posted - 23 Mar 2012 : 08:13:37
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The divorce will be done according to the Danish law if they were living in Denmark specially after 7 years.
Why would they involve a Gambian Solicitor when they are not living in The Gambia?
Is there any prenuptial/premarital agreement between them?
See meaning of Prenuptial agreement |
A clear conscience fears no accusation - proverb from Sierra Leone |
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snuggels
960 Posts |
Posted - 23 Mar 2012 : 18:06:29
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As I understand there is no Pre Nup
Ok so I assume the divorce proceedings can take place
in the Uk or the Gambia. Gambia being cheaper and as they were married Gambia
However any court ruleing regarding sharing of assets
is this binding in both the UK and the Gambia and indeed
can this be enforced in either country |
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tintinto
United Kingdom
105 Posts |
Posted - 24 Mar 2012 : 11:11:34
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| I found UK financial divorce law very fair. If your friend has wealth, then that does not mean she is entitled to much of it. If it goes to court lots of things are taken into account ie. length of marriage (has she in any way helped him increase his wealth?) age's of both,and how much more working (earning) life they have left? Health of both? and so on...... |
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kobo
United Kingdom
7765 Posts |
Posted - 24 Mar 2012 : 17:10:49
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quote:
Originally posted by snuggels
A friend married a Gambian lady 7 years ago she has been living in the UK ever since and has not yet got residence status only a extended visa
Luckily they did not have children
This is unusual for how can you get married to a British and living for 7 years without residence status 
Possibly restrictions for not passing LIFE IN UK TEST as current requirements in place after two years for indefinite leave and further proceed for British citizen status |
Edited by - kobo on 24 Mar 2012 17:12:06 |
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snuggels
960 Posts |
Posted - 24 Mar 2012 : 17:52:41
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As I said they married in Gambia and he took her back to the Uk and has exstended her visa status since then
I assume she has not passed the LIFE IN THE UK TEST yet as she has not got British citizen status
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Edited by - snuggels on 24 Mar 2012 17:58:10 |
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tintinto
United Kingdom
105 Posts |
Posted - 24 Mar 2012 : 18:12:23
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| Life in the uk test i am told is now done in Gambia. |
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kobo
United Kingdom
7765 Posts |
Posted - 24 Mar 2012 : 19:29:13
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Not LIFE IN UK TEST but ENGLISH LANGUAGE TEST in Gambia (and overseas); which comprises oral communication, written essay about personal background and/or write a story, 25 questions optional choices test, 15 quantitative test for basic maths, calculation or computation proficiency dealing with percentages, ratios, measurement & arithmetic and a cd audio listening test with every question repeated twice before answering.
More from UK Border Agency website with;
When entry to UK for residence and work granted, after two years on marriage you may require LIFE IN UK TEST for indefinite |
Edited by - kobo on 24 Mar 2012 19:42:27 |
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snuggels
960 Posts |
Posted - 24 Mar 2012 : 22:17:49
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Thanks
But as I say she only has visa status |
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snuggels
960 Posts |
Posted - 24 Mar 2012 : 22:29:00
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Ok lets lay it on the line This guy thinks he is going to get a divorce on the cheap by doing it in Gambia and as his wife came to the marridge with nothing she will have no call on his assets (Im not so sure)
As previously said any court ruleing regarding sharing of assets
is this binding in both the UK and the Gambia and indeed
can this be enforced in either country
Does anyone know of a simular experience
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Edited by - snuggels on 24 Mar 2012 23:04:27 |
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sab
United Kingdom
912 Posts |
Posted - 25 Mar 2012 : 00:35:16
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It's lengthy & interesting
http://www.davidhodson.com/assets/documents/recognition.pdf
quote:
But as I say she only has visa status
That does not mean she will have to return. |
The world would be a poorer place if it was peopled by children whose parents risked nothing in the cause of social justice, for fear of personal loss. (Joe Slovo - African revolutionary) |
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gambiabev
United Kingdom
3091 Posts |
Posted - 25 Mar 2012 : 11:02:10
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I'm interested by these tests. I'm sure many UK citizen's wouldn't pass them! 
If you get married in Gambia is that marriage recognised in the UK?
Do you have to seek divorce in the same country you married in?
If a women from UK marries a Gambian in Gambia is he still allowed up to 4 wives?
A divorce settlement should be fair to both parties, especially if there are any children involved. It shouldn't be that one party feels they have 'won' and the other has 'lost'.
If people are concerned for their material things, then possibly it is best not to marry, especially if they have children from a previous relationship. It's not easy. |
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snuggels
960 Posts |
Posted - 25 Mar 2012 : 12:38:47
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Thats for sure Bev
"I'm interested by these tests. I'm sure many UK citizen's wouldn't pass them!"
But if it helps legal immigrants intergrate and keeps the free loaders out thats a good thing |
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kobo
United Kingdom
7765 Posts |
Posted - 25 Mar 2012 : 13:16:29
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CLICK UNDER PRACTICE PAPERS HERE CITY AND GUILDS INTERNATIONAL ENGLISH FOR SPEAKERS OF OTHER LANGUAGES (ESOL)PRACTICE TESTS 2010 FOR THESE AMONGST OTHERS;
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snuggels
960 Posts |
Posted - 25 Mar 2012 : 13:46:47
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Yes Sab very interesting The document covers the lagality of Marridge and Divorce
[quote]Originally posted by sab
It's lengthy & interesting
http://www.davidhodson.com/assets/documents/recognition.pdf
Yes this couple are legaly married as in the Section
"Court procedure when there is a foreign marriage
If the marriage takes place abroad, generally. Where a marriage is celebrated outside England and Wales and its evidence and validity are not in dispute, the marriage may be proved by “the production of a document purporting to be a marriage certificate or similar document issued under the law in force in that country, or a certified copy of an entry in a register of marriages kept under
the law in force in that country.” “Where such document is not in English, it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by
affidavit.”
[i]An English court could not grant an English divorce if it had already recognised the foreign divorce. A foreign and recognised divorce has the same status on the parties as in English divorce:
So it would appear this guy does has the right to instigate divorce proceedings in Gambia and I assume the Gambian court would take into consideration any assets held by both parties and any gudgement would be upheld under english law So I think this guy is in for a rude awakening if he thinks he is going to get it on the cheap
However for her to enforce the Gambian judgement in the UK will prove difficult and costly and no dout english lawers would have to be involved
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sab
United Kingdom
912 Posts |
Posted - 25 Mar 2012 : 14:59:58
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Kobo quote:
This is unusual for how can you get married to a British and living for 7 years without residence status
By what we can read (7years) the'Life in the UK' test was not a requirement for indefinate leave with this lady.
The test for indefinate leave came at the end of 2007.
But if she decides at some time in the future to apply for 'citizenship' which you know is totally different from ILR then Life in the UK test/ or ESOL course with Citizenship-Skills for Life will be required.
In my opinion, a foreign person should apply for British citizenship asap BECAUSE if you are in trouble with the law WITHOUT CITIZENSHIP status and get a prison sentence of more than twelve months you are automatically deported back to your home country i.e that could even be a dangerous driving sentence.
As a British citizen you would serve your length of sentence and be released normally into the community. I know this has gone off track a little but it is very important to know the above. |
The world would be a poorer place if it was peopled by children whose parents risked nothing in the cause of social justice, for fear of personal loss. (Joe Slovo - African revolutionary) |
Edited by - sab on 25 Mar 2012 19:10:03 |
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