divorce laws help needed

Discussion in 'Ben's Corner' started by dave king, Jul 31, 2012.

  1. dave king

    dave king New Member

    Joined:
    Apr 17, 2012
    Messages:
    3
    Likes Received:
    5
    Just helping my ex wife with a problem.
    she married a tunisian man but got fed up with being bullied and controlled/and hit.
    he will not give her the marriage certificate so she can apply for divorce.
    She has found another tunisian who she has slept with and the husband has found out.
    the boyfriend has now lost his job and is going to be arrested.
    can she be arrested also even though she is british.
    The husband has told her he is going to kill her when she comes back to see her boyfriend.
    He said he will kill her children as well.
    He calls me at least 30 times a day begging me to make her go back to him.
    I told him you took my wife away so its pay back.

    what could happen to her and what should she do.
    i hope you can advise me as i still care what happens to her.
    stupid thing to do as she knew what sort of problems this would cause.
    the husbands name is well known on here,
    heaikel ben memek,,dont think i spelled this corectly.
    he works at the hammamet garden hotel as a bartender.
    he is a short legged man .
    thank you in advance.
    dave king
     
  2. Ariel

    Ariel Under the Sea

    Joined:
    Sep 30, 2011
    Messages:
    0
    Likes Received:
    231
    Why doesn't she just leave Tunisia? :confused: She can also get her own copy of the marriage certificate in Tunisia, so no need to get it from him. Moreover, does she even really need to divorce him - what difference does it make? If you are going to say that she wants to marry the new guy then I am sorry to say that she needs a psychiatrist more than anything! :confused: She can go to the British Embassy if she feels in danger, but if she is seen to be an adultress then I think she could possibly be in a bit of a predicament legally, though I am not entirely sure.
     
    crystal, Habibi Lou, Kristy and 7 others like this.
  3. Ariel

    Ariel Under the Sea

    Joined:
    Sep 30, 2011
    Messages:
    0
    Likes Received:
    231
  4. Ariel

    Ariel Under the Sea

    Joined:
    Sep 30, 2011
    Messages:
    0
    Likes Received:
    231
    Haikel Ben Mimech
     
  5. Ariel

    Ariel Under the Sea

    Joined:
    Sep 30, 2011
    Messages:
    0
    Likes Received:
    231
    Are you the father of her children?
     
  6. NetNiet

    NetNiet EVIL member :D

    Joined:
    Jan 10, 2011
    Messages:
    2,693
    Likes Received:
    6,694
    Hi Dave King, what a story!
    Officially if she is living in Tunisia, she can be arrested, but it will be very rare if they're going to arrest an European person for it, will not say it's impossible!

    Is she living in Tunisia or the UK?

    I don;t understand why she can't divorce, maybe you need the official marriage certificate in the UK, but than she can start the divorce maybe here in Tunisia?
     
    wakefield gal, Loz and marilyna like this.
  7. dave king

    dave king New Member

    Joined:
    Apr 17, 2012
    Messages:
    3
    Likes Received:
    5
    she is living in the uk but wants to move out to the latest adition.
    gona build a house and all that.
    we have tried to talk some sense into her no good.
    this mimech is a nasty piece of work.
    had words with him last night and told him me and my son
    are going t pay him a visit in two weeks,he said he will pay to
    have us sorted.
    psychiatrist it will be me that will need one.
    i know i lost my wife to tunisia i cant let her do this
    alone.
    thanks for your reply.
    dave
     
  8. marilyna

    marilyna Chocolate Connoisseur

    Joined:
    Dec 14, 2010
    Messages:
    4,137
    Likes Received:
    8,772
    You are a good man Dave. Good luck in sorting this all out, it sounds like a mess, and as Tsun said, she needs to leave Tunisia, and is not thinking straight.
     
    Loz, NetNiet, tigerlil and 1 other person like this.
  9. crazypink

    crazypink The Muslim One!

    Joined:
    Jan 17, 2009
    Messages:
    1,363
    Likes Received:
    4,087
    Problem is - even if she get a marriage cert and divorces him in the UK, she will STILL be married in Tunisia (unless she tries to regisiter it there or divorces him in Tunisia) So it would still cause problems for her and the new BF if she goes over there to stay with him. Adultery is illegal in Tunisia and at the very least the BF will be jailed (possibly her too if she is living there with him and as she is still married to a tunisian the embassy will do nothing to help her)

    She needs to tread carefully. Anything she buys or builds with the new BF her husband could legally claim half of whilst they are still married.

    Does she have children with the tunisian husband? This could also cause problems if she tries to leave tunisia with them - he could stop her leaving the country until the child is 21yrs old.

    Alot to think about!!! Inshallah it all works out for you - you sound like a good man.
     
    wakefield gal, Kristy, Loz and 5 others like this.
  10. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    I am so sorry for the situation that you are in. but your ex wife can only help herself if she wants to. She obviously wants to go to tunisia to be with her new boyfriend. i say explain what has been said to you. if she still wants to go then let her. i know it will be difficult but it is her life she chooses to lead.. if she wants to stay safe. she should stay in uk and divorce from here.. never to return to tunisia..
     
    Laurence, Kristy, NetNiet and 3 others like this.
  11. Mona1

    Mona1 Well-Known Member

    Joined:
    Aug 10, 2009
    Messages:
    1,614
    Likes Received:
    5,309
    Why would she want another Tunisian husband? I must say that if my marriage ever failed the last country I would look for a new husband in would be Tunisia! I fear she will have similar problems with the new husband. You and your son need to keep well out of Tunisia and do not try to "sort him out" as you will find that you will be in trouble rather than him.

    Under no circumstances should she move in with the new man as it is illegal to commit adultery and to co-habit. As for the divorce...he is not going to agree to it, that I am sure. She has shamed him by leaving him for another man and he will not let her go easily. All you can do is support her and point her to this site.

    Nice to see that you still care.
     
    sparkle, Kristy, Loz and 4 others like this.
  12. Loz

    Loz Active Member

    Joined:
    Jun 26, 2011
    Messages:
    79
    Likes Received:
    111
    Hello every1 and Dave, i also have too agree with the ladies...
    She shouldn't plan too return she should be concerned about her welfare and think long and hard about the decision she's about to make. If it is known too people especially her now ex, that she is going out there to live with this new man and tries 2 settle and have a house etc... and it is known she is still married even though not together she is going to be seen as an adultress and it is illegal and if the police are called or informed which is just a matter of time if it is going to be common knowledge,she will be straight off to prison and i do know that they do have a womens prison out there right next to a mens prison in sousse messadine and she will be straight off to there and i'm not trying 2 frighten you but this is just how it goes.

    So she needs to be really careful... She needs to have a bit more understanding and sense of the country, if she wants to keep her life like it is now and not behind bars she will need to think twice about doing this and wait untill the divorce is finalized in tunisia etc and do things as the law states there other wise they will not think twice about sending her into jail and the court systems out there are very slow and the sentence might be a harsh as it is very looked down upon in tunisia!
    She also needs to think about your son, he probably needs his mum and it is not fair on you both to pick up the peices if this happens.
    I respect u for trying to do your best for your sons mum and I wish you all the best in your situation. It is ultimatley down to her but she could be making a very big mistake.
    Take Care :D
     
    sparkle, Kristy and marilyna like this.
  13. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    You would be correct as the marriage took place in tunisia... sorry just reread your post. i didnt register my marriage at the tunisian embassy after my marriage but had i of divorced in uk i would still have been married under tunisian law..
     
    sparkle and marilyna like this.
  14. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    did your partner agree to the divorce?
     
  15. marilyna

    marilyna Chocolate Connoisseur

    Joined:
    Dec 14, 2010
    Messages:
    4,137
    Likes Received:
    8,772
    It looks like you are still married in Tunisia.
     
    tunisiasun and NetNiet like this.
  16. Loz

    Loz Active Member

    Joined:
    Jun 26, 2011
    Messages:
    79
    Likes Received:
    111
    I'm guessing u are probably divorced in uk and every other country apart from tunisia but it might depend on how long you have been divorced for and depending on wether ur ex has signed the divorce papers and agreed to it etc but i suppose it is still worth checking with the consulate or embassy, just too double check but i have not a clue 2 be honest with u ... probably best 2 see if any of the more knowledgable members respond but i'm sure they will lol ;) xxx but don't panic im sure all is well.
     
  17. marilyna

    marilyna Chocolate Connoisseur

    Joined:
    Dec 14, 2010
    Messages:
    4,137
    Likes Received:
    8,772
    I don't understand either, but I understand you have to do it there, for it to be recognised there. Hopefully some of the members who live out there can expand on this, or other members who have been through the divorce process.
     
    Loz likes this.
  18. Loz

    Loz Active Member

    Joined:
    Jun 26, 2011
    Messages:
    79
    Likes Received:
    111
    Yeh sounds a bit complicated..Sometimes it's a case of different country different rules... it is worth too double check and see if u need to sign any papers in tunisia. Or email and ring the consulate. Every where else you will be divorced and by uk law u are divorced but maybe not seen as divorced in tunisia if nothing has been signed etc.... But again i am not too sure.!!!
     
  19. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    you really need to check with the embassy but not sure they can help. you cant register a uk divorce in tunisia, the divorce has to take place in court with you your ex husband and a judge.. i had to go to tunisia twice to go in front of the judge.. i really dont know how you will find out for sure. i am sure there is a thread on this sight. if you look at my very early posts i am sure someone here told me to ask a certain member for advice. hope this helps,,
     
    marilyna and Loz like this.
  20. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    because tunisia has its own laws.. not recognised in europe..
     
    marilyna and Loz like this.
  21. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    No i married in tunisia. lived in tunisia for a while then i came back to uk alone.. i found solicitors here didnt really understand tunisian law. i really hope that your divorce is complete.. if you know anyone going to tunisia you could ask them to get a copy of your ex husbands birth certificate, it will show on there..
     
    marilyna likes this.
  22. bubblysue

    bubblysue Well-Known Member

    Joined:
    May 11, 2010
    Messages:
    135
    Likes Received:
    326
    The member on here that knows all about divorce is guess who.. i just looked at my earlier posts and another member advised me to ask guess who.. hope this helps x
     
  23. marilyna

    marilyna Chocolate Connoisseur

    Joined:
    Dec 14, 2010
    Messages:
    4,137
    Likes Received:
    8,772
    I am sure other members who are in Tunisia, or who are divorced(there are a number:() will come on with more information,tomorrow.
     
  24. Mona1

    Mona1 Well-Known Member

    Joined:
    Aug 10, 2009
    Messages:
    1,614
    Likes Received:
    5,309
    You are definitely divorced in the UK. Do you care if you are still married in Tunisia? It would only really affect you if you wanted to marry a Tunisian again :eek:. As far as I understand it, the divorce has to be registered there otherwise it is not officially recognised as it has to go on the man's birth certificate. When HE wants to remarry, if it is not registered over there, he will not be able to as you will still be mentioned as his wife. I guess if I were you I would not worry too much unless you intend on making a Tunisian your future again. :D
     
    sparkle, NetNiet and marilyna like this.
  25. BrownGirl

    BrownGirl Moderator And Queen of Summaries Staff Member

    Joined:
    Oct 30, 2010
    Messages:
    4,796
    Likes Received:
    15,203
    Just what I was going to say - not being divorced in Tunisia is his problem, not yours! So stop worrying unless you are planning to go back there and do it all over again?
     
    crazypink and NetNiet like this.

Share This Page