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Can I move out of the country during divorce in UK court?

Posted by Satya 
Can I move out of the country during divorce in UK court?
December 27, 2021 04:28AM
Hi, I am 32yr old Indian, married in Jan 2021 in the UK. My partner is on Tier-2 visa and I am on Tier-2 dependent visa. Due to various reasons, I have decided to apply for divorce in UK court. I can apply for divorce in Jan 2022. I am currently working in the UK and got a job offer in Canada.
Can I apply for divorce in UK court from Canada?
OR
Can I leave the country soon after I apply for divorce/while divorce is in progress in the UK court?
During divorce process, am I required to be physically present in UK court at any stage?
During divorce process, can I use dependent visa to travel in and out of country if required?

Any help/guidance from you will be of great help. Many thanks.
-Satya
Re: Can I move out of the country during divorce in UK court?
December 27, 2021 11:43AM
>>Can I apply for divorce in UK court from Canada?

It is unlikely because in order to be able to petition for divorce in England you or your spouse need to be either domiciled or habitually resident here. I suppose your spouse may be habitually resident here even if you move to Canada but it rather depends upon how long he has lived here without interruption.

>>OR
Can I leave the country soon after I apply for divorce/while divorce is in progress in the UK court?<<

Yes, provided the jurisdiction requirements were met at the time the divorce petition was issued.

>>During divorce process, am I required to be physically present in UK court at any stage?

Not normally, no, although if the divorce was defended you might be required to attend.

>>During divorce process, can I use dependent visa to travel in and out of country if required?

You would need to speak to an immigration lawyer about that.
Re: Can I move out of the country during divorce in UK court?
December 28, 2021 01:57PM
Thank you Terry for your reply. Very helpful.
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