tina79 wrote:I’m writing as I really need your help.
My husband application has been refused (eea family member) as we did not provided his divorce certificate.
Now here is the problem and facts:
• He was married to an irish girl back in 2002
• They lived only 2 month together after that he went back to his home country living his baby behind
• Since then no contact with the family as they were dearly beloved to him and throw him out
• He contacted the court but there is no evidence of divorce
• He has his marriage certificate to show that he was married there
Now, after we did search online, we found out that there is several options to divorce and one if them is separation by fact.
Demand for Separation Agreements in Britain today is rising and for good reason. Separation Agreements mean no court interference, no legal jargon and no fuss, which means you have more time to reflect on decisions that are important to you.
In choosing to form a Separation Agreement, a married couple has no obligation to inform any legal professionals of their decision. They can avoid the formalities of a court room and welcome the privacy of discretion. The agreements are an effective way of regulating your split and making all the important decisions yourself without your judgement being clouded by legal jargon.
Now, can someone please help us to gain some success and inform us how is the law in IRL for divorce, how we can get the paper or any letter to say that my husband is divorced?
We would like to be together as soon as possible but without this bloody paper UKBA will not allow my husband to come over even he has not lived with them over 9years!!!!
Please any help or advise would help.
Many thanks.
It appears that his marriage was never dissolved. Ever. That needs sorting out.
He has a child, has he paid any maintenance? THe mother would be well within her rights to seek maintenance for the child, whether they separate or divorce.
Separation in Ireland can occur within 1 year. It is clear that this happened.
There are two types of legal Separation. Judicial Separation which will be in Court, lawyers, though not neccessary are involved. It is applied when the parties can't agree on important issues. A court order is given. This is the most common and advisable route. Legal Aid maybe available. Depending on where the court is, it could take up to 1 year to get before the court, for hearing. Dublin is shorter. However, that is if it was contested in some way. Unlikely here.
Then there is the ordinary Separation between each other. If this route is taken, no courts are required. Very few people, are able to draw up a valid separation deed without a lawyer. (qualified one) Not worth the paper it is written on if there are problems in the future. However,it appears that there would be very little to argue over. It is clear that the marriage ended. (eg house) But there is maintenance possibilty. So Judicial Separation is the most safest and common method.
You still need to divorce to remarry.
Annulment is an option, but it will unlikely be granted in light of the child.
It appears that the person would actually meet the 4 year requirement for Divorce NOW. Nothing stopping him filling for Divorce in Ireland NOW. You most certainty do have to file papers in COURT. If you want a lawyer that is up to you. Divorce is granted on a no blame basis. IE Courts are not really interested in the grounds / why you divorce unless facts are contested. Once it is satisfied that the couple want to divorce and provisions are made for, eg the child (assuming the mother wants the father to have anything to do with the child) then divorce is granted. All it depends now is how long it will take to get before the Courts (its quicker in Dublin) All matters are held in private Court.
He should ensure that he still has guardianship and access to his son, should he wish to. The was married so, he was guardian as of the birth. But don't expect too many miracles regarding access right now.
Are you married to this person?.It appears that he is still lawfully married to the other person. If so, your marriage may very well be invalid and bigamy rules may kick in if the State wanted too. (Him, not you) You must be actually divorced in Ireland or any other country. Separation is not enough.
This is Ireland by the way, not Britain. What makes you think that either the ex wife will go to Britain and/or how will your partner get into Britain to perform the initiation ?
Why would you or him rush into another marriage?
