13 replies to this topic

[Aylawyla2012]

I married in turkey in February 2011 I am a British citizen but used my turkish Id as Turkish citizen when getting married. It was all rush rush due to pressure for my husband we were supposed to have a health check which didn't happen and my husband used his contacts to get this bypassed!
I have 2 children from previous relationship and now have a daughter from this marriage !
Since being married we have only lived with each other for 2 months in which his behaviour is very unpredictable he is very depressed and moody most for the time spending most of his days in bed till the afternoon .
After a month of being married he chose to tell me that he had a brain tumour something that he decided to hide from me before entering mine and my children lives to this day I am unsure as to wether this is true or not.
He is currently in the uk on a family visit visa but life is unbearable with him around.
We have both agreed that divorce is the best option but I need advice as to how to move forward.
He has said that his solicitor in turkey can deal with the divorce on both our behalfs but I don't want to sign over any power to his solicitor on my behalf.
Any advice would be hugely appreciated I also need him out of my house which he says that he will be gone as soon as he finds somewhere but I feel that he is full of lies .

[Abi]

Hi and welcome to our forum Aylawla. I'm sorry to read that you had a rough time since you have been married. I can image it's must be horrible for you at the moment, but the longest he will be able to stay for is 6 months, hopefully he will go before then and hope you don't give him any money. I suppose it's possible that he may have a brain tumour some are harmless and if it's true it was very wrong of him not to tell you before you got married.

I think you are very sensible not to use his lawyer and have your own. Just remember that what ever was yours before you married remain yours and that would include your house if you own one. I doubt that he will give you any money for support to raise the child you had with him from what you have written.

Not sure what advice to give you really apart from get divorced asap, If there is anything specific you need to know just let us know and we will do our best to help you

[Aylawyla2012]

Thanks for the reply, do you know of any suitable solicitors which specialise in Turkish divorces in London/Bedfordshire/Hertfordshire I'm Having trouble finding one

Many thanks

[Abi]

I have only heard of one called London Legal International who are based in London somewhere in the Shoreditch area. They are Turkish lawyers who also have offices in Istanbul.

[Meral]

Hi Aylawyla,

Welcome, and sorry to hear about your troubles. A suggestion for finding Turkish lawyers in London -- if you go to almost any Turkish supermarket, you will find free Turkish newspapers (there are at least 6 or so in circulation). They have lots of these lawyers advertised therein, who specialize in all sorts of matters, divorce included. Good luck to you !

[Aston]

Here are some law firms, who have offices in London and Turkey and are members of the Law Society

http://www.londonlegalint.co.uk/

http://international...rg.uk/node/3717

I also came across http://www.turkishle...e.com/index.htm but could not find them with the LawSociety but it does not mean they are not a memebr.

I hope that helps you. Good luck

[tansyblossom]

I can recommend Goldsworths solicitors in London.I have used them for immigration and divorce matters.They are fast and thorough.With my cynical head on..I see your husband is here on a family visit visa...................hopefully for you he will return to Turkey..but maybe he will apply for status in this country as his family are here?..As for the brain tumour I would want proof.Not is always what it seems.

[Abi]

Tansy, he can't apply for any status change on a family visitors visa he has to return to Turkey and apply for here. .

[Aston]

Actually Abi , Tansy may have a point. If Aylawyla2012s husband goes to a British family solicitor he can make an application for access to his children to the Family Court. He would then make an application for further leave to remain the UK until the Family Court makes a decision on access. He would be lawfully able to do this under Paragraph 248A of the Immigration Rules..
If the Family judge granted him access he would be given a one year visa by UKBA and if he complied with the rules he would be granted Indefinite Leave to Remain at the end of the twelve months.

[Abi]

Thanks for the correction, it's always good to have an extra bit of knowledge. Hopefully he won't be aware of that fact or have the money for a lawyer Just as a matter of interest if he did do that what happens if he doesn't have a job or money or any where suitable to live?. Wouldn't he be expected to give child support and have regular contact with the child as the other 2 are not his and if he did neither would they take away his ILR? From the little that has been said about her husband I don't think he would be able to comply/

Edit. I have just answered my own questions and read Paragraph 248A. I think the rules changed as of 9th July and now Appendix FM needs to be complied with as it says


Immigration status requirement
E-LTRPT.3.1. The applicant must not be in the UK-

(a) as a visitor;
( with valid leave granted for a period of 6 months or less;
© on temporary admission

http://www.ukba.home...family-members/

[Aston]

Your right he can't apply as a visitor but as I said in my previous post "he can make an application for access to his children to the Family Court. He would then make an application for further leave to remain the UK until the Family Court makes a decision on access"

A visitor may apply for an extension to their visa if they can demonstrate a good reason to remain in the UK beyond the six months. If a person has a court hearing set for the future even if they are waiting for a date to be set by the Family Court then the UKBA can grant further leave to remain. The applicant will then no longer be classified as a visitor.and can pursue the access matter in the family court and remain lawfully in the UK.

The applicant would have to be successful in the family court and comply with the immigration rules, very difficult, but not impossible.

It also occurred to me, if Aylawyla2012s husband is here as a family visitor she must have supported his application to come here.

[Abi]

Yes I agree Aylawla would have had to provide evidence, also a supporting letter for the application.

[Avacelya]

Hello,
I am a registered lawyer in Turkey, founding partner of the one and only online cheap divorce service for mixed marriages, Turkish Divorce com
I recommend you to divorce in Turkey, since you married in Turkey even if you divorce in UK that degree needs to be registered in Turkey, and you need to apply to courts for that, otherwise you are not deemed as divorced in Turkey, also getting divorce in UK Is far more expensive than getting divorce in Turkey.
You should have your independent attorney, separate from his, otherwise you may face some financial disadvantages, however if he is cooperative and has a lawyer in TR, the only thing you need to do is to appoint a Turkish lawyer for yourself and get an uncontested divorce.
Although the fee for that service is variable, we are the most competitive one amongst all.
If you need further details please contact us.
Best regards,
Av. Acelya Yilmazer.

[Aylawyla2012]

Hi there all thanks for your your comments they have all been really useful, when I say its unbearable its not because hes a nasty person its just that with the things that he kept from me I am finding it diffucult to move on from it we are just completely different people I am bubbly and full of life well used to be and he is a very serious and sometimes depressive bloke, I met him 20 years ago he was my first love and when he came back into my life I got carried away with the moment however we arent the same people that we were then, I feel really bad that things arent working out I did sponsor him on the family visa application and I still wish for him to be part of our daughters life so I dont really want to make life hard for him but dont want to stay married to him hopefully we will be able to maintain a good friendship from here on.
He has supported us for the last 15 months and money is not an issue as he is financially in a good situation but he is being a bit of an ass and refusung to pay this months rent I guess because he is hurting does anyone know if he would still have to pay maintenance even tho he isnt a citizen here ?