Divorce, Iddah period

Advice please

New Member
#1
My divorce to a Tunisian man is almost complete. The Marriage took place in Tunisia, and he went there to do the divorce. He lives, and is back in the UK now. He was happy to tell me that I would need to wait for 3 months to remarry (the Iddah period) , and he can remarry whenever he wants to. He plans to travel to Tunisia to marry his Tunisian fiance. However, because a Tunisian man can only have 1 legal wife, can he remarry when he has an ex-wife still in Iddah period ? Surely this is only for Muslim men who have not married 4 women yet. I would really appreciate if someone knows about this please. Thank you
 

Kris

Administrator
Staff member
#2
My divorce to a Tunisian man is almost complete. The Marriage took place in Tunisia, and he went there to do the divorce. He lives, and is back in the UK now. He was happy to tell me that I would need to wait for 3 months to remarry (the Iddah period) , and he can remarry whenever he wants to. He plans to travel to Tunisia to marry his Tunisian fiance. However, because a Tunisian man can only have 1 legal wife, can he remarry when he has an ex-wife still in Iddah period ? Surely this is only for Muslim men who have not married 4 women yet. I would really appreciate if someone knows about this please. Thank you

Was your marriage registered in the UK?

If normally/habitually resident in the UK it is not as easy as running to another country which has an easier divorce regime.

If you want to cause problems then simply register your Tunisian contract in the UK or issue divorce proceedings here which until new legislation comes out means two years unless a fault divorce agreed.

Either way imagine I went to Tunisia and tried to divorce my Tunisian wife on the cheap in the UK the UK court would not accept that as we live here "ordinarily resident".


As always for Tunisian law consult a Tunisian Lawyer Ramzi D can help with this if you do not have one already.

For UK law then its a UK solicitor.

You need to state your objective and then implement actions to back that up..

1) Do you have children with this man and need him to pay his way like a real man? = UK divorce him and CSA him

2) Does he have money/property in Tunisia? = Divorce him in UK and then get court order for maintenance once you have all the information.

3) Do you feel vindictive and just want to stop him brining his new wife to the UK = Divorce in UK and then he wont be able to get a visa for his new wife as still legally married in UK until that is resolved (could take ages).

4) "He plans to travel to Tunisia to marry his Tunisian fiancé" Thats nice if he is still married to you then he is breaking the law punishable by up to five years in prison if having an adulterous relationship before divorce. Many people think that if you split/separate this is not the case but as long as you are married you are still married until the decree nisi. Again this would need a Tunisian lawyer and would be very vindictive unless he is running away with money or leaving children in a deadbeat dad way. Its the nuclear option and not recommended.

So in essence without more information there is little more to say.

If you want to take action because you still love him etc I would not bother just let him go as you cannot compel people to stay especially if he is going to live in Tunisia with his new wife.

However if he is an arsehole who thinks he can leave you without maintenance and then bring his new wife to the UK..... Then the route is clear he will have to Divorce you in the UK unless you passively accept his decree nisi. Then he will have to earn the amount required and spend the money to get her to the UK (maybe a part of the agreement for their marriage) + his obligations to you would need to be taken into account.

However if he is a complete financial waste of space... dont bother just accept the divorce and make sure that it is finalised in the UK so that he does not try and get maintenance out of you and or turns up after you die and takes your estate as still technically married to you in the UK.
 
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