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I want to divorce my tunisian husband to remarry

edited August 2013 in - Tunisia
Iam currantly married to a man that used me for a visa, he is now illegally living in uk as his visa expired we split in first year of him coming here and I went to leave in tunisia and met another man we have been together 2 years and we want to marry! So I've come back to uk to divorce my husband, but I've heard I need to register my divorce in tunisia to marry my boyfriend. How do I do this??? Hope someone can help


  • edited August 2013
    You need the help of  Tunisian lawyer for this. I have been to the Tunisian court records office with a Tunisian woman friend and its a nightmare without a lawyer.My friends lawyer charged her the equivalent of £30 this was in 2011.

    Sorry to say Tunisians want to come UK or Europe I hope husband number two is a keeper. Good luck.
  • Hi thanks for you reply! Did u manage to register your divorce? And where is the courts record office?? Thanks
  • edited September 2013
    The divorce was registered in Tunisia and my friend got her divorce decree from the Court record office.

    I do not have the address of the court office in Sousse as we went both times with the lawyer. The lawyer who helped my friend is  : -
    Anouar GHACHEM  his email is <[email protected]> He spoke good English and was very pleasant and helpful.
  • Thanks for that, I will email him tomorrow. Can I ask did your friend divorce in uk. As this is what I'm doing and someone has just told me that I can't register my uk divorce there, sorry for so many questions, I'm just so stress and don't want my partner getting in trouble as I'm still legally married in tunisia.
  • If you want to marry with your boyfriend then you will contact with any international law firm. It is the best solution for it.
  • Lauren, definitely my friend divorced in the UK and filed the British divorce with court office in Sousse.
    A Tunisian client also divorced his British wife they filed the papers again in Sousse and he went on to marry a Tunisian wife ( that marriage failed) and is now on wife number 3 !
  • Lauren i married in tunisia and our marriage contract is  registrated in tunisia, can my british husband divorce me  from british courts in UK!! 
  • If you were married in Tunisia the divorce must be in Tunisia. If you both agree to the divorce it is very quick. You attend the court and the papers can be done in 3 weeks. You can have a notaire arrange everything for tnd45.000. However if one party does not agree then the judge will give a period of usually 3 weeks to see if a recinciliation is possible and a new court date. If you still want the divorce your lawyer will go to the court, there is no need for either party to attend and the divorce will be granted. An easy way for a person in Tunisia is to have the letter of invitation to attend the court to divorce is to give a fictitious address. The court will send 3 invitations and if the other party (normally the foreign wife) does not attend the divorce will be granted. Easy!
  • edited August 2014
    Sarah33 your husband can divorce you from the UK .If a person is habitually domiciled in the UK they must petition for a UK divorce. Divorcing abroad can have serious implications for a person in the UK.

    Lesley a British citizen residing permanently in the UK should divorce in the United Kingdom irrelevant to where they marry to protect their interests especially where children are concerned. You are not a lawyer Lesley even if you do claim to be a Tunisian "expert"
  • thanks alot  LESLEY  AND ALETHIA, i m tunisian and he is british citizen  ,our marriage registrated in tunisia, is it easy for him  to divorce me from UK if i insist to  refuse the divorce !!
  • Sarah33 , even if you refuse to divorce, what will you gain? Eventually your husband will obtain a divorce in the UK with or without your consent. It is straight forward to divorce in the UK.
    If your marriage is at an end Sarah33 why would you put yourself through such pain and bitterness fighting against it?
  • because i have 4 children ALETHIA ,  it 's bad situation 
  • if he ll divorce me from uk ,how longtime will  takes to obtain  his divorce paper !! 
  • edited August 2014
    In the UK the actual divorce is separate from ancillary matters (children and money) If you have 4 children then they must be British citizens , so why don't you live in the UK? If you live in Tunisia not the UK you must go to a lawyer immediately as your husbands lawyer should contact your lawyer. If you want further advice contact me on [email protected] 

    British courts do not deal with child maintenance as this is enforced by the child support agency. It would be impossible for any court to enforce support for your children if their father is in a different country.

    A UK divorce can go through in as little as three months. The following is a legal opinion on refusing a divorce.

    If you disagree with the divorce...

    The person who didn't ask for the divorce can refuse to agree to it. This is called ‘defending the divorce petition’.

    This doesn't often happen because it is expensive and usually pointless. After all, it is virtually impossible to argue that your marriage or civil partnership hasn't broken down when your partner has said it has. But there are some cases where the person who didn't ask for the divorce feels so strongly that the marriage has broken down as a result of the other person’s actions, rather than their own, that they ask for a divorce too and give their reasons. This is called a ‘cross-petition’.

    However, in most cases, it’s better to allow the divorce to go ahead no matter how unfair the reasons given. This is because it is cheaper and it doesn't really matter what reasons are given - it doesn't affect arrangements for the children or how the money or property is divided, and ordinarily the papers aren't going to be seen by anybody not involved in the divorce.

  • Alethia.....I dont quote websites that have misinformation and are out of date. I am a Tunisian. If you think your advice is correct you might want to check with the actual departments etc. You are very ob iously an expert.....go for it
  • Thanks for all help. So do I just go to a court office in hammamet and produce divorce papers that have been translated. I really wanted it sorted as I got engaged this month and we wish to marry November 2015. I did speak with a solicitor and he told me 800 dina x
  • Sarah yes ur husband can divorce u in UK. My ex was pain in back side but after 2 years the judge allowed my divorce x
  • Alethia. Can I take my divorce papers to any court in tunisia. I spoke to a solicitor there he told me 800 tnd for a divorce but cannot register x
  • Also do i have to go court or can someone from tunisia do it for me x
  • Hi Lauren If you have a Tunisian lawyer he can represent you.
  • The Tunisian lawyer I've spoke to has said I will need to do divorce and will cost me 800 tnd
  • Lauren - that is a blatant rip-off. In fact you can do it yourself. You should have your divorce papers translated - should cost no more than tnd30 depending on where you live. Find a notaire (not a lawyer) who will take your papers to the court and have them registered. This will cost you between tnd50-tnd80 but you may have to purchase the stamps etc. All in all you should not be paying anywhere near TND800!!!
  • Also sorry I pressed the button too quick, the divorce here can be done also by the notaire, he will organise all the papers, documents etc. and will lodge it with the court. If you want a lawyer to do it, the costs should be no more than Tnd400. A 'normal' divorce here costs around tnd250-300!
  • Its so annoying as I was appointed to the lawyer from someone who used them and they charged her 600. I wouldn't bother but I'm with another Tunisian and have been for a year and a half and we want to marry end of next year so I now need to. Im not even sure if my ex husband has done anything as he been with a polish girl for 2 years. But I'm just so confused but want to get it done asap. The messages I got from lawyer were never very clear but he kept demanding 400 tnd to get the ball rolling. Do you have an idea of where I can find a noitare, can I register divorce at any court as I have also been told I need to go to where we married and my ex husband and his family have given me nothing but abuse so don't want to travel to gafsa. Can I not give divorce papers to my currant partner to sort x
  • Lauren - are you still living here in Tunisia, I guess you are not living in Gafsa. If you ask around, or get your boyfriend to do this, then you should find an honest notaire who can help. There are many notaires in all the cities. You can register your divorce anywhere here I think, but this is what you ask the notaire to make sure. You know the rules here change within minutes. If the notaire believe that you need a lawyer he can direct you to an honest one. And yes, I think you can give your papers to your current partner to sort. He can do everything for you but you should be with him to sign papers etc.

  • I'm in uk. But visit tunisia every 2 months or so.can I ask what a noitare actually is? But thanks gonna get my partner to look into it thanks
  • A notaire is a legal expert who has a private practice but is a public officer, who has the power from the state to draft and authenticate legally binding documents.They operate in every area of the law including, family, divorce , property, inheritance, assets, company law etc.

  • Thanks alethia
  • Hello I need to no if my partner who was married in Tunisian .who is living in Australia now can get his divorce from here or dose he have to go to Tunisian to do it and if he dose can someone please tell me what he has to do to get his divorce please
  • Although it is probably cheaper and easier in Tunisia to divorce  its a very long way from Australia. To divorce in Australia is not complicated and costs 320 AU dollars. You do not say if your partner has children or the nationality of his wife. You may want to take the advice of an Australian lawyer, as this could change things.
  • Hello please help
    I have been married to a tusian man for 13 years we have broke up
    He wants a divorce I am fine with this
    Any way his gone to Tunisia sorted it and now is asking for my sons birth certificate
    We have 2 children but they are both in my name and on there birth certificate his not on them!
    I just want to know why he needs it ????
    Please let me know thank you
  • edited November 2014
    I am guessing your husband wants the boys birth certificate so he can make a Tunisian birth certificate and a passport. If your husband is your childrens father, they are automatically Tunisian citizens, if they ever went to Tunisia under the age of 18 you would not be able to bring them back to the UK. Tunisia is not a member of the Hague Convention on abducted children.

    If you were married, why is your husband not on the childrens birth certificates ? Its hard to understand that you have been married to a Tunisian for 13 years and do not know your children are automatically Tunisian citizens via their father.
  • hi there i was wondering if anyone could help me if u do the divorce u self could u have all documents done in a week? if not would have to revisit and also can u trust a lawyer to do it while your in england or not? thank you
  • Leila2015 - you can do the divorce yourself but you need a notaire to organise court dates etc. You don't need a lawyer but if you need one then use one referred by your embassy here in Tunisia. It will take longer than a week believe me!! You will need marriage certificate, your husband's birth certificate, all your documents etc etc. If they are all not in Arabic/French then these all need to be translated. If you want to know more just let me know
  • hello lesley thanks for reply can u actually do divorece in england via an tunisian lawyer if so is it that easy and trustworthy?
  • Leila if you live in the UK you can divorce your husband in the UK. You can do the divorce yourself you dont need a lawyer.
  • my husband lives in tunisia so ive been told u cant divorce here
  • That is incorrect. I am a UK lawyer and I can confirm that if you are a UK resident you should divorce in the UK.
  • well ive been to see one and the actually said they couldn't do it and to be honest i dont have the money to spend 600 plus more pounds on a divorce
  • The lawyer you saw was incorrect the English divorce system allows those who married abroad to divorce in the UK especially when they are resident in the UK.

    English court fees are £410 

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