Hello, I'm originally from India but now acquired British citizenship. I was in Canada as a student when I got married to an Indian man who was also a British. We got married with proper Hindu ceremony and then under Canadian Marriage Registration. He then harassed me and forced me to leave my education incomplete and join him in the UK. But at that time I didn't know he was married before and was not divorced from his first wife in Bangalore India. A court case was going on for 5 years. We got married in Oct 2018. He got his divorce decree in Feb 2019. I was told this means he is a bigamist and our marriage is void!!?! We have a child together. After marriage there has been several incidents of domestic abuse and police intervention here in the UK. We have a child. My husband was also child abusing due to which the council held a child protection and asked my husband to lead a separate life from me and my child. I've been a single mother since last 8 years. We are leading separate lives since last 8 years. My husband didn't waste anytime to move on in his life and was having an affair during the separation and has 2 daughters between them. He is been paying child maintenance for my son since separation as has a doctor here in the UK. The child maintenance comes from his salary directly. Now he is asking for divorce. I don't know whether I can ask for settlement and alimony? I'm a working healthcare professional too. But my worry is for my son's future. His father has a lot of asset as he's a highly qualified doctor here in the UK. Do I have rant rights to ask for child support? If so how much? Any advice and guidance will be big help..genuinely. Please advice.. Thank you
Yes, you can ask for ALIMONY
“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses, etc, therefore, without going through deeply with facts its really unfair to tell an exact like amount. a detailed personal discussion will enable me to answer promptly"
any litigation between you and husband presently?
do not divorce him, the second child will inherit his part of assets and money, wherein you have a blank cheque with you, why will you bargain for anything mere or get some amount written on a cheque, indian laws support you completely, you need to understand the technicalities of the law. you are already getting money from him, let it continue.
You are entitled to seek child support and alimony from your husband
2) it depends upon your income , husband income , standard of living etc
3) alimony is at the discretion of court
4) since both are residents in UK and husband is seeking divorce better ask him to pay you alimony and child support
You can decide the same as a condition during mutual divorce and file the consent terms for lumpsum maintenance. It depends on both the parties. If he disagrees then you can decide further steps
First of all, don't talk about his previous marriage otherwise your marriage is void and no right to claim alimony. But child have. Divorce dose not absolve child inheritance right. I think in UK, on divorce , properties distribute in half. Take advantage of this law.
And in case, he takes this point that marriage is void than you can file police complaint of cheating and rape that he conceal about his previous marriage and made physical relation on the guise of legally wedded wife.
Dear Madam,
- You can very well ask for alimony with given consideration of your Son's future education and present expenditure.
- You must file a case on behalf of your son for his legal right on father property.
Regards
Vivek Arya
See you can ask him.to share expenses equally and as a deposit and securing child and your future you can ask him alimony and further since the jurisdiction is at UK you should ask him assets and alimony as per law on U.K.
Your marriage with your husband is wide as it wassolemnised during the substance of his first marriage without a decree of divorce from the court.
But you can claim child support for your child.
You can can get a one-time alimony amount from him for signing the divorce documents. in case of mutual consent divorce the terms and conditions of settlement are to be decided by the parties only and not by the court.
For any legal assistance in this matter, feel free to contact
1. You have made mess of your life even after knowing his indiscretion.
2. Since he was married at the time of your marriage then this marriage itself is void.
3. In void taking divorce is not necessary. However since your husband is seeking for this then ask for yur permanent alimony to give divorce.
4. Even though this marriage is void, you are still entitled to maintenance under PWDV Act.
Hello,
Maam your marriage will not be regulated by the Indian laws since you both are not Indian citizens and the marriage also was not solemnized in India. To the best of my knowledge, yes you can claim alimony from the husband as per the local laws also,
Please get in touch with a local lawyer who deals in such cases and he will be in a better condition to guide you.
Regards
Both of you are British citizens. You both married as per the hindu rites and rituals in Canada. Acquired a Canadian registered marriage certificate in 2018.
You have a child from him that means you had a child from him before marrying him.
He was already married when he married you.
If this is the case then his second marriage with you is void.
He doesn't have to take divorce.
Although he would pay child support and a police complaint can be filed against him in UK and in ok India too as bigamy is an offence in India.
Regards
1. As per Indian law, he shall have to pay maintenance to your child till he/she attains 21 years of age or starts earning.
2. In your case it will be an application for annulment of the void marriage and not a divorce since the marriage is void which is to be annuled.
There is nothing wrong in asking for child maintenance and also child support for the child's education and future needs.
If you agree for divorce you may make all these conditions including a settlement to you or arrive a post nuptial agreement in which all such conditions can be incorporated.
Let the court decide as per prevailing law on this.
Following all the answers I've received from all you great Advocates and Solicitors, I'm highly obliged and grateful to all of you. Thank you very much. I was told here that if the wide is working already then the court doesn't consider for alimony as long as the husband is paying child maintenance regularly? Is this true? I've always been a working single mother. My concern is will the court ignore the history? 8 years ago when all the domestic violence and child abuse incidents that had happened which lead to this separation and the bigamy happened before our marriage, will the court say all this was history? My husband has always made use of us whenever he needed us and then just thrown us away like garbage. Even now he doesn't seem to want to take things to court, he wants to do it himself ..all he wants from me is the signature. He says he will regurarly continue to pay the child maintanenece. Can he go away with this so easily?
If husband's income is more than the wife, he is liable to pay her maintenance. It depends on how much both the spouse are earning
When you got married in 2018, how did the domestic violence happen 8 years back?
The difference in there income can be seen if there is huge difference wife can also be granted some amount. The court can consider the events in past.
You can apply before the court take order from.court then he won't be able to escape his liability.
It will be seen by the court. History as well all the merits. No he can't go away from this. He will be made responsible.
you are entitled to alimony or maintenance from husband if there is substantial differences in your incomes
your husband would be not able to escape paying maintenance to you
For alimony you may have to apply separately, just because he is paying for the child's maintenance cannot stop you from applying for alimony.
The court will consider your plea when you prove yor allegations with documentary evidence. The court will not go on its own to probe the past history of your life to give you relief, it is your burden to convince the court while seeking the specific relief.
Whatever relief you want you can seek through court of law by filing proper petitions as per the law and the provisions by which you are seeking relief.
Why do you want to depend on him, you may instead depend on law for relief, he cannot say no to the court order granting you the reliefs.
Thank you very much for your continuing support and advice.. My husband who's now asking for divorce is going to meet me to "talk" to me on Thursday. From all these years I've known him, he's a coward and the biggest money monger apart from being a womanizer. To avoid paying alimony to me, to pay the lawyers and the court fees inspite of minting money as a cardiologist peadiatrician; he may turn around and say to me that he doesn't want to pay me a single penny rather he'll continue to live the way he's been living with his girlfriend ..because they are already together for more than 8 years and have 2 daughters ..in UK western culture no one is disrespected for living together and making kids being unmarried. It's as normal as living in a wedlock. Therefore I know he has lived for more than 8 years like this so probably he will continue living in a live-in relationship rather than pay alimony to me. What will my options be then? Because when I asked for divorce 4 or 5 years ago..he denied due to the same reasons.."money"...Im afraid he'll do the same now if I ask for alimony.. what options do I have then? One if you asked me about the domestic violence. Yea there's been domestic violence of severe nature between me and him. After a month of our marriage he started first depriving me from keeping contacts with my friend's, then it spread towards keeping no contacts with my parents, then financial control keeping me deprived from money for day to day life. Then came the physical abuse. He's been suspended from his work due to the severity of the nature of domestic violence. Then when we had a child he has abused my infant baby. That was it. He had to get separated from us due to law against child abuse is very strong here in UK. Is it possible for the Indian Lawyers to take my case? Are you qualified and allowed to fight my case here in UK?
You need to engage a lawyer licenced to practice in UK to appear in courts in UK
lawyer practising in India would not be able to help you
you can seek spousal maintenance from your husband if he has deserted you in UK
Hiring local lawyer to represent in UK court will be too expansive for you. Financial Deprivation Amounts To Economic Abuse Under Domestic Violence Act. And you have records of his violence committed like suspended from his work due to the severity of the nature of domestic violence, child abuse and separation order. Enough ground to prove cruelty and grant alimony.
With the permission of court, advocate can represent in UK court.
Indian lawyers cannot fight your case in UK.
Their practice is limited to Indian territory alone.
However you can get guidance to move on.
Since you both are married and have acquired assets after marriage they will be brought before court for equal distribution in the divorce suit.
In a postnuptial agreement you can claim an amount you may have decided for your future and your child, if this is agreed then you do not have to go asset distribution.
You may better discuss with an attorney of that country who will be able to guide you the proper rules in this regard.
Indian lawyers cannot litigate in UK. They can just advice, if they are aware of UK laws.
But based on what you've stated, you have a good prima facie case against your husband. He is liable to pay you alimony as well as child support. Also, he is liable to be punished for his acts of domestic violence towards you.
You need to hire a lawyer from uk only
You must initiate your case here in india, you will get better reliefs and your husband will have to pay a huge sum of money, a car, a house too, but for that to break him you need patience as well as faith, detailed discussion is necessary
Dear Client
If you are a working women in UK than court will not consider your plea for maintenance from your ex husband.
but you can ask for the maintenance of child from his father which he is already paying.
so if you are a working lady you cannot ask for your maintenance.
And now for assets of your husband The general principle is that the family assets should be divided equally. ... It is a common misconception that on divorce a couple's assets are split 50/50. It is true this is the starting point but it is not applied in every case. The court can deviate from a 50/50 division if it is fair and reasonable to do so. But your child can claim his share from assets of his father.
No Indian lawyer cannot practice in UK courts directly but they have to clear a training program for practicing in UK
You can seek maintenance for you and child from him being legally wedded wife. A complaint for such violence and cruelty can be filed. See to fight case in UK you need to engage a lawyer from UK as they are only allowed to practice before courts in UK.
Dear Madam,
- I will advise hiring any local attorney from the UK, which will be more cost economical and local attorney shall have better hold on your case having knowledge of local laws.
Regards
Vivek Arya
From what you have told me it seems that your husband deserves a jail sentence. He may have been set right if he wa sin India as the laws in India are way more favourable to woman.
Anyways file for alimony and other maintenance allowance.
Yes lawyers in India are qualified to take your case there.
Regards