Page 1 of 1

eea2 Divorce

Posted: Sun Feb 06, 2011 8:16 pm
by kampk121
Hi all, Im in need of ur advice. I have been reading posts regarding the eea2 retention of rights. but couldnt really find the ansewr for my question.
Im non eu married with E.U.4 years merriage 2 years in her country and 2.5 years in uk. and the divorce! decree nisi states that we have been living separate for the continous period of 2 years!
havnt been issued with the decree absolute. now couple of question:
1. does the decree absolute states the reason for divorce?
2. when I send my documents to home office for my retentiton do I need to send the decree absolute as well as decree nisi?
3. would that matter home office that we have been living 2 years separate?
Ur kind information would be very great for me..
I thank you very much...
kam.

Posted: Mon Feb 07, 2011 11:47 am
by bobobo
1. No Decree Absolute doesn't.
2. Yes Both Decrees need to be sent
3. It might do....as long as you were married and seperated it shouldnt matter as legaly you are still married

Posted: Mon Feb 07, 2011 10:00 pm
by kampk121
bobobo wrote:1. No Decree Absolute doesn't.
2. Yes Both Decrees need to be sent
3. It might do....as long as you were married and seperated it shouldnt matter as legaly you are still married
tkx my friend for ur prompt reply..
I have another question, is there any way that I can get away without sending the decree nisi to the home office?
im very stressed..

Posted: Tue Feb 08, 2011 9:07 am
by bobobo
The HO need proof of divorce initiation and Decree Nisi is the best proof. If you can however prove divorce initiation with other documents then you might not need to send this.

Posted: Tue Feb 08, 2011 10:39 pm
by kampk121
bobobo wrote:The HO need proof of divorce initiation and Decree Nisi is the best proof. If you can however prove divorce initiation with other documents then you might not need to send this.
i got ur point bro. u really been very help ful.
tkx alot for ur time and help..
cheers :)

Posted: Wed Feb 09, 2011 12:03 pm
by ribena
Hi
Can I please ask a few questions?

I am non EEA and my EEA husband are talking about getting a divorce unforunately.


My questions are:
1. Do we get a divorce lawyer (stupid question) and initiate the divorce and we'll get Decree Nisi then Decree Absolute?
2. How long to get the Decree Nisi and Decree Absolute?
3. Bobobo said I can just send in the Decree Nisi to HO (so that's good?)
4. What happen if he leaves UK now (without us having the Decree Nisi yet)
5. He has been self sufficient while in UK and Im the one working full time. How am I going to prove his rights in UK by self sufficient.?

Sorry for stupid questions.

regards

Posted: Wed Feb 09, 2011 12:49 pm
by bobobo
ribena wrote:Hi
Can I please ask a few questions?

I am non EEA and my EEA husband are talking about getting a divorce unforunately.


My questions are:
1. Do we get a divorce lawyer (stupid question) and initiate the divorce and we'll get Decree Nisi then Decree Absolute?
You dont need to get a lawyer, If the divorce is mutual you can do it yourself
2. How long to get the Decree Nisi and Decree Absolute?
Should take about 8-9 weeks, depends how busy courts are, can take more time
3. Bobobo said I can just send in the Decree Nisi to HO (so that's good?)
I did not say that READ CAREFULLY
4. What happen if he leaves UK now (without us having the Decree Nisi yet)
If he leaves without divorcing you then You would need to leave as well since your spouse would not be exercising treaty rights
5. He has been self sufficient while in UK and Im the one working full time. How am I going to prove his rights in UK by self sufficient.?
Read the HMRC Website for more info..
Sorry for stupid questions.

regards

Posted: Wed Feb 09, 2011 3:35 pm
by ribena
bobobo wrote:
ribena wrote:Hi
Can I please ask a few questions?

I am non EEA and my EEA husband are talking about getting a divorce unforunately.


My questions are:
1. Do we get a divorce lawyer (stupid question) and initiate the divorce and we'll get Decree Nisi then Decree Absolute?
You dont need to get a lawyer, If the divorce is mutual you can do it yourself
2. How long to get the Decree Nisi and Decree Absolute?
Should take about 8-9 weeks, depends how busy courts are, can take more time
3. Bobobo said I can just send in the Decree Nisi to HO (so that's good?)
I did not say that READ CAREFULLY
4. What happen if he leaves UK now (without us having the Decree Nisi yet)
If he leaves without divorcing you then You would need to leave as well since your spouse would not be exercising treaty rights
5. He has been self sufficient while in UK and Im the one working full time. How am I going to prove his rights in UK by self sufficient.?
Read the HMRC Website for more info..
Sorry for stupid questions.

regards
Sorry.. :( im reading this thru my teary eyes and am confused at the mo.