Residence Retention Right in Ireland

Hi All,
Just got a question. One of my friend got married nearly 4 years back 2011 in Ireland with an European girl but their marriage did not work well in last 2 years. The girl wanted to give him divorce in her country 2013 Sept but my friend confronted this to court in her country. And eventually she withdraw the case in 2014. As the divorce didn't happen so they are still married I believe but they do not stay together. That girl still living in Ireland and working and they have good communication. They are living separated at the moment. My friend tried to convince her that they can stay together and wanted to marriage work but the girl refused. Now they are planning to divorce and looking for option.

if they give divorce in Ireland this will take 5 years and eventually my friend will lose right to retention his residency for sure. so they are planning to go to her country so that she can initiate divorce in her country as a new case(Other than Ireland European countries take 6/8 month to finalize divorce.). and after initiating divorce they will comeback to Ireland.


Now my question is how feasible it is that my friend will get retention right of residency after this divorce. Will he get back his retention right after that Singh retention Right Case where he lost the case because Singh wife left the state and divorce him in other state.

Can you please clarify this on this issue if any one knows about it.

Thanks in advance.

Diamler wrote:Hi All,
Just got a question. One of my friend got married nearly 4 years back 2011 in Ireland with an European girl but their marriage did not work well in last 2 years. The girl wanted to give him divorce in her country 2013 Sept but my friend confronted this to court in her country. And eventually she withdraw the case in 2014. As the divorce didn't happen so they are still married I believe but they do not stay together. That girl still living in Ireland and working and they have good communication. They are living separated at the moment. My friend tried to convince her that they can stay together and wanted to marriage work but the girl refused. Now they are planning to divorce and looking for option.

if they give divorce in Ireland this will take 5 years and eventually my friend will lose right to retention his residency for sure. so they are planning to go to her country so that she can initiate divorce in her country as a new case(Other than Ireland European countries take 6/8 month to finalize divorce.). and after initiating divorce they will comeback to Ireland.


Now my question is how feasible it is that my friend will get retention right of residency after this divorce. Will he get back his retention right after that Singh retention Right Case where he lost the case because Singh wife left the state and divorce him in other state.

Can you please clarify this on this issue if any one knows about it.

Thanks in advance.

You friend may need to seek legal advice.

I believe retention is possible if the EU was residing in Ireland on the day of the initiation..