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Old 28-10-07
mand336
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Default Divorce Laws in Tunisia

Hi all,
Wonder if anyone can help me?
I am currently seeking an Annulment of marriage as under British Law divorce is not possible, until a period of 1 year from the date of marriage. Is it possible under Tunisian Law to obtain a divorce sooner? If I have to I will fly to Tunis to obtain the necessary documents!
Any help will be much appreciated.
(By the way the petition for Annulity is not being agreed by my so called husband.....surprise, surprise!)
Thanks,
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Old 28-10-07
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pej pej is offline
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Sorry to hear things didn't work out for you. Anullment itself is not so easy to get under most countries' laws, but if you understand French you can take your questions of Tunisian law to this site: http://www.jurisitetunisie.com/se/index.php
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Old 28-10-07
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I had to regster our marriage in here UK and with the embassy to be 100% sure it was legal in the uk. I would seek legal asistance in Tunisia asap ad do not register th marriage with either the embassy or the registrar here in the uk.

You then leave yourself simply wth having to dissolve the marriage in Tunisia.
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Old 28-10-07
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Mand has posted earlier that her husband was granted visa in August so as far as I understand you have been married too long to ask for anullment, and I am not sure if you can ask for divorce in Tunisia if you both reside in the UK - you had better consult a lawyer!
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Old 28-10-07
mand336
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An annulment can be obtained at anytime during the first year of marriage on certain grounds.
I have never registered the marriage here so maybe I can raise that point with my barrister?
I dont speak French so the first reply is not possible.
If anyone is familiar with Tunisian law regarding annulment or divorce, or can point me in the right direction, it would be appreciated.
Thanks.
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Old 02-11-07
momo momo is offline
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Hi
if you are both resident in the UK, new laws in Tunisia mean that you cannot divorce in Tunisia, you have to divorce or have an annullment in the UK, which means that you would be better off going to Citizens Advice. Don't forget, if you go to see a Solicitor, the first half hour that you meet with them is free of charge in most cases (check beforehand). Are you both in the UK? How long have you been married, it is not clear from the threads?
Momo
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Old 18-11-07
mand336
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Hi,
Sorry for the delay been busy at work!
Firstly, we married on 2nd June 2007 in Tunisia and i stayed there till 12th June. During this time our marriage was not consummated as i had women problems and due to him being muslim he refused ***ual intercourse, sorry to be blunt but may as well give the whole picture!! He applied for a visa and was given it on 8th Aug and then arrived here 10th Aug supposedly for 1 weeks holiday, he had a return ticket. Suffice to say the moment he arrived he was not the person i knew whilst in Tunisia. He treated my friends and family with contempt and was rude to everyone. He delayed going home and i even went so far as changing the date on the ticket with help from my friend at Air France. When the time came for him to leave he dropped the bombshell that he was staying. I think i was in shock for the next few days!! Anyway to cut a long story short he went to live with his cousin in kent (who i never knew existed) on 7th September and apart from solicitors letters and 2 text from him have not heard anything since. He is defending the petition and is claimed habitual residency and that he is domiciled here and also that the marriage has been consummated. I am now awaiting medical evidence to show that for the times we spent together this would have been impossible, unless he next claims to be non muslim!!! He is even trying to claim he is still living at my address. I have numerous witness statements to the contrary and am furious at the position i am in. I have notified the home office who are now involved as his position here in the UK is already in breach of his visa conditions.
Unfortunately I like to think everyone is genuine and honest like myself and my close friends.
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Old 18-11-07
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So sorry to hear this! It sounds awful. Have you been in touch with a solicitor as advised earlier? I hope he/she can help you sort things out!
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Old 18-11-07
mand336
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I did consult my solicitor for initial advice but at £200 per hour + vat its not feasible to appoint them to represent me. Unfortunately because I own my house and work full time I am not eligible for legal aid.
I hope that with the evidence I have and when the facts are put in front of the court then the truth will be seen.
What puzzles me is that he is claiming the marriage is subsisting but then states in a letter from his solicitors he does not want personal contact when he eventually arranges to collect his few meagre belongings?! I would say these are 2 very contradictory statements. Also what does he hope to achieve from defending the petition? Does he think that when his 2 year visa expires he will be able to claim residency?
All I can say is he managed to con me from the start!
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Old 18-11-07
vickit69 vickit69 is offline
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I'm really sorry to hear all you have been through, it gives a bad name to those who do stick to the rules of their visas. It sounds as if he lied to you from the start and i guess is one of those ones who was just out for a visa, so sorry to say that. from what youv'e said above he is definately contradicting himself, it will all catch up with him in court. £200 per hour + vat sounds alot of money have you looked elsewhere to see if you can get it cheaper?
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LinkBack to this Thread: http://forum.tunisia.com/weddings-friends-visa-issues/602-divorce-laws-tunisia.html
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