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Divorce paper

Posted: Thu Dec 15, 2011 1:31 pm
by tina79
hi guys

well we are applying again with my hubby, but we need to get his divorce paper from Southern Ireland.

any idea how we can get this?He married 10years there and he left IRL after 5month. since then he and his ex was not in touch so he cannot even ask her to send it as he has no contacts for her at all.

We sent an email to Cork court and the IRL embassy in Ankara but no answer. Any idea how we can get that bloody paper??!!!

many thanks.

Posted: Thu Dec 15, 2011 2:44 pm
by Punjab
hello tina
tyou need to contact the registrar office in IRL

http://www.citizensinformation.ie/en/bi ... crees.html

http://www.groireland.ie/faqs.htm

Posted: Thu Dec 15, 2011 2:53 pm
by tina79
thanks. i have done already the first website and still waiting. the second one i need my husband signature so i will do it during xmas.

Posted: Thu Dec 15, 2011 3:00 pm
by tina79
the second webpage does not allow divorce paper only marrige, birth and death...

Posted: Thu Dec 15, 2011 6:01 pm
by Directive/2004/38/EC
You are presently married?
For how long?
Why do you need the divorce paper from a previous relationship for the application?

Posted: Thu Dec 15, 2011 6:48 pm
by John
we need to get his divorce paper from Southern Ireland
Why are you thinking that is the case? Simply because the marriage took place there?

If that is right, and he is now living in the UK, why doesn't he start Divorce proceedings in the UK? To end his Irish marriage, at least in the eyes of UK law. He probably does not care whether or not Irish law would recognise that UK divorce.

Re: Divorce paper

Posted: Thu Dec 15, 2011 6:57 pm
by Directive/2004/38/EC
tina79 wrote:well we are applying again with my hubby, but we need to get his divorce paper from Southern Ireland.

any idea how we can get this?He married 10years there and he left IRL after 5month. since then he and his ex was not in touch so he cannot even ask her to send it as he has no contacts for her at all.

We sent an email to Cork court and the IRL embassy in Ankara but no answer. Any idea how we can get that bloody paper??!!!
This post is a little unclear. I assume from the bolded words that this person is already divorced and is now remarried.

Posted: Thu Dec 15, 2011 7:16 pm
by John
You could well be right. But the term "hubby" could be being used in a loose sense.

Hopefully tina79 will clarify.

Posted: Thu Dec 15, 2011 7:52 pm
by tina79
hi guys,

yes we are married. the eea family permit was refused as they did not see the divorce paper. but is very hard to obtain as my husband since he left IRL is not in touch with her and its now over 10years...

Posted: Thu Dec 15, 2011 7:56 pm
by Directive/2004/38/EC
tina79 wrote:yes we are married. the eea family permit was refused as they did not see the divorce paper. but is very hard to obtain as my husband since he left IRL is not in touch with her and its now over 10years...
Is this the divorce paper from his previous relationship?
When was he divorced?

What exactly did UKBA say in refusing the EEA FP?

Posted: Thu Dec 15, 2011 8:01 pm
by tina79
they got married in 2002 in Cork after 4 month he came back since then he was not in touch with her.

she apparently did the divorce but did not sent the letter to him.

UKBA said, that they are not satisfied with the previous marriage not showed and proved that it has ended. when he was on the interview he did explain to them and told them everything. he even said, that he has tried to get the the paper but had no luck...

Posted: Thu Dec 15, 2011 8:02 pm
by John
Tina, if he knows that the Divorce was granted by the Court in Cork, why doesn't he phone them and ask how he can get a copy of the Divorce Court Order.

Does he know the case number? That would obviously help.

Posted: Thu Dec 15, 2011 8:03 pm
by tina79
he does not know anything.. o case number, nothing.

i will call them tomorrow as he is still in turkey...,

Posted: Thu Dec 15, 2011 8:31 pm
by Directive/2004/38/EC
Where and when did you get married?

Posted: Thu Dec 15, 2011 8:32 pm
by tina79
we got married in turkey this year in july.

Posted: Thu Dec 15, 2011 10:14 pm
by Directive/2004/38/EC
tina79 wrote:she apparently did the divorce but did not sent the letter to him.
How does he know that he is divorced? Does he have anything that proves he is already divorced?
tina79 wrote:we got married in turkey this year in july.
Did you not have to show proof that he was divorced when you got married?

Posted: Fri Dec 16, 2011 9:16 am
by tina79
we went to the government office in turkey where we asked for papers to get married. then we went to the registry office where they asked a letter from our council (for me from my home country/embassy) to say that we are single or divorced.

they gave him a certificate that said he is single.

his brother 8years ago received an email from his ex to say that she applied for divorce and they will do all the paper work.. but the email address does not work any more. since then no contact with her.

apparently after in IRL you can divorce only after 5years and as they did not live together since 2002 the divorce is easy....

the bottom line is that we need this bloody certificate but we cannot get!!!!!!

Posted: Fri Dec 16, 2011 9:54 am
by John
they gave him a certificate that said he is single.
I am not impressed that Turkey allowed him to remarry without first seeing the divorce papers. After all, admittedly knowing nothing about Turkish marriage law, if they do not recognise Irish marriages then he could be certified as Single by Turkey even if a divorce has not happened.
the bottom line is that we need this bloody certificate but we cannot get!!!!!!
Have you spoken to the Court yet?

Worse case, if a divorce has not happened in Ireland (or elsewhere), the UK Government will not recognise the Turkish marriage that he has entered into. So it is perfectly understandable why the ECO is insisting upon seeing the divorce papers.

Posted: Fri Dec 16, 2011 10:28 am
by tina79
ok, here is the thing.....

i just spoken to Court and there is no record of divorce. I have sent an enqiure to the civil registry office to get the marriage certificate as my husband hasnt got that either.
will wait....but what is the problem in here is..that his ex wife father was a politician back then and he did not wanted them to get married. they had marriage on the civil registry as they had son...now after marriage his ex wife father asked him to leave the house or her daughter would be thrown out as well without nothing. so he left...now our conservationist is that as he was a "big" man hi might did something to cancel the marriage. i know it sounds stupid, but he could do it as he was in a very high position.....

now it will be very interesting to know what happened as he is furious about this now... and we do not have any contact on his ex wife at all to get information.....and we do hope that the marriage somehow was deleted otherwise we will be in a big big problem.....

Posted: Fri Dec 16, 2011 10:53 am
by John
as he was a "big" man hi might did something to cancel the marriage. i know it sounds stupid, but he could do it as he was in a very high position.....
I would be totally amazed if anyone in Ireland was able to "cancel the marriage", except by due process of law.

All the best in hunting down the paperwork you are seeking.

Might it be an idea to contact the "big man", and whilst not asking for current location details of his daughter, try to find out if a divorce (or annulment) happened, or indeed to get confirmation that his daughter is still alive.

Posted: Fri Dec 16, 2011 11:12 am
by tina79
my husband is going to IRL embassy today and will try to get all information.

dont need to be sarcastic John.... unfortunately shit happens in life...i used to work in parliament and believe me when u have "power" u can do everything without following the law....

she was 22y old that time with a baby...so i assume as a father he was willing to do everything to keep his name clear and not show that his daughter is married with a Muslim man who she hardly knows...

Posted: Fri Dec 16, 2011 11:16 am
by tina79
in fact my husband told me that before he got married with her,he needed to get papers just like for us..so the government office in turkey would have had a record of his previous marriage as well..

Posted: Fri Dec 16, 2011 11:26 am
by tina79
i found this under IRL registry office website..

Registration
If you get married by civil ceremony, the Registrar who solemnised the marriage will register the marriage with the information on the MRF as soon as possible after the ceremony. If you get married by religious ceremony, you should give the MRF within one month to a Registrar, for the marriage to be registered. It does not have to be returned to the Registrar who issued it.

Under Section 50 of the Civil Registration Act 2004, if the completed MRF is not returned to a Registrar within 56 days of the intended date of marriage recorded on the MRF, the Registrar can serve a notice on you requiring you to return the MRF within 14 days of receiving the notice. If you do not comply with this requirement, the Registrar can serve a notice on you requiring you to attend on a particular date at the office of the Registrar (or other place given in the notice) with the completed MRF. If you are unable to give the MRF to the Registrar when you meet, you have a further 14 days to give it.

You cannot get your civil marriage certificate until the marriage is registered.

...maybe this could happened...

Posted: Fri Dec 16, 2011 11:44 am
by Directive/2004/38/EC
I think the bottom line is that there is not very much documentation about your husband's marriage history. The ECO noticed this and so is (in the oh so polite way of ECOs) asking for proof that your husband is in fact divorced.

You should not expect emails to be useful in getting the information you require. You should call, and may have to make an application to search for records.

Does your husband have a copy of his first marriage certificate from Ireland?

Posted: Fri Dec 16, 2011 11:54 am
by tina79
thanks Directive. We just did the form.

No he has absolutely no documents of anything. he only knows the date of his first marriage and the place. they will do this and ask for 10EUR. when they asked him to leave they did not give him any papers only his bags....
he is going to embassy to try to get address or details of them to find them..