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is this exploitation?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

is this exploitation?

Post by vegeta_2009 » Mon Dec 14, 2009 9:47 pm

hi guys

please help, i posted few months ago about my wife leaving me, now it we are going through it:

non-eea national with EEA2 stamp issued in 2006
married for 3.5 years (all in the uk)

i think i should be able to apply for my rentention of rights but:

she wants a divorce and she doesnt want to have anything to do with finances, she subtely hinted that she will not provide me with the papers necessary to do my rentention of rights if i ask her for any kind financial divorce settlement(which if i go through lawyers will definetly get some, but i'm worried what would she do)

she keeps threatening me that she will make sure i will not get a single document from her during the divorce, sometimes she even hints at not divorcing me at all and when the 5 years are up she wont support me with any documents.

is this fair? it is my human right to fight for financial settlement during the divorce, but she keeps threatning with doing this, is there a law that covers this kind of behaviour?

shall i just forget about the settlement and give her everything she wants?

Posts: 14711
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland

Post by Obie » Mon Dec 14, 2009 10:34 pm

Okay. This is quite a precarious situation. The financial assets in question, were they acquired before your marriage or after, and were they joint assets or not?
Do you stand to loose a lot if you don't apply for financial settlement.

Are these assets yours or hers?

The way the Law is, you will need her support to get the necessary documents required for the retention of residency.

I have heard from people who have been through the process that the documents they require for retention are much more than that they require for a resident card application.

You just have to assess how much you stand to loose.

The other good thing is, during the Ancillary Relief process, you can always request for her bank statement and P60 when doing form F, which you could use for your retention application.

Think wisely and don't act greedily. Assess what is more important to you and the easiest way to obtain it.
Black life matters.

Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

Post by vegeta_2009 » Mon Dec 14, 2009 10:54 pm

thanks Obie, thats what my instinct was telling me, what i couldnt agree with is that the law is leaving open doors for abuse, in my situation it is a financial settlement issue but other people might face different and a more sinister kind of abuse.

....... :roll: