Separation divorce and advice

[Mannygreen]

Hello,
My wife and I married in Malta 2007 and have been together up until Jan Last year (2015). I am an citizen of Malta and she is a serb national. I also hold a british citizenship. We arrived in Uk in 2012 on the basis that I exercise my treaty right and she accompanies me as a spouse of an eea citizen. She has a Permanent residence visa for the next 5 years (started 2013).
We split in 2015 Jan and are on good terms. She would like to continue living in the Uk and we also want a separation and then divorce.
Can we do this here in UK or do we need to do it in Malta as this was where we got married?
What authorities would i need to contact?
Would she be a candidate for deportation if I inform any authority?
Where do I start?
Hope someone can help........
In the mean time we have both moved on and have started different lives.

Thanks

[Obie]

You may divorce in the UK, if you so wish. There is no need to return to Malta.

She may be able to retain her residence upon divorce.

[Mannygreen]

Thank you for your reply.
How would I start the proceedings? Is it as simple as contacting a lawyer? Can I do it myself and save on costs?
Sorry about the silly questions but am out of my depth with these things.....

Thanks again

E

[Casa]

If you both agree the process is simple and you can do it yourself. Start here:
https://www.gov.uk/divorce/overview

The court fee is currently £410

[CR001]

You can do the divorce yourself if it is straightforward. It costs £410 to lodge the petition for divorce. If you have children or assets, it might be more difficult to do yourself.

https://www.gov.uk/divorce/overview

Edit : Beat by #Casa

[Casa]

Not often I'm quicker that CR001

Read through the grounds for divorce carefully.

[Obie]

Thank you for your reply.
How would I start the proceedings? Is it as simple as contacting a lawyer? Can I do it myself and save on costs?
Sorry about the silly questions but am out of my depth with these things.....

Thanks again

E

Divorce is a 4 stage process which may not be a simple 1+1 thing. First their has to be a ground from the 5 grounds available, and the grounds need to reflect your circumstances.

I am unable to comment whether you can do it alone in the absence of knowledge of bother your personal circumstances and your familiarity of legal matters and whether their are children in your relationship.

[Mannygreen]

Thanks again. I have read the stages on divorce and am a bit better educated on the matter.
Just a last question.

Upon starting the divorce proceedings (we are on good terms but she would like reassurance on everything) Can she stay in the UK? As she is a serb national and is only here due to the fact that I am an EEA national exercising treaty rights? What would she need to do?

I am aware that she is entitled to a Maltese citizenship after 5 years of marriage but its the inbetween time (between divorce and applying for a citizenship of malta) that she would be concerned about.
Can she be removed from the UK?

Thank you

E

[CR001]

She can continue to stay in the UK. Once you have the decree absolute, then she may apply for RoR.

[Mannygreen]

Divorce or termination of registered partnership

"Your third country family members can acquire an autonomous right to reside if, prior
to initiation of the divorce proceedings or termination of the registered partnership, the
marriage or registered partnership has lasted at least three years, including one year in the host EU country"
Would she still need ROR if she can autonomously stay here?

Thanks

[noajthan]

Divorce or termination of registered partnership

"Your third country family members can acquire an autonomous right to reside ...
...

Would she still need ROR if she can autonomously stay here?

Thanks

The RoR is the process by which the autonomous right (autonomy) is acquired.

I.e. the applicant is emancipated from their former EEA sponsor by getting RoR.

[Mannygreen]

Again, thank you all for your help.

[Mannygreen]

Me again. I think this would be the most pertinent question to ask.... Upon decree absolut in the UK, would it be valid in Malta?

Thanks

E

[Casa]

Yes, it would.

[legend786]

Hi,

Keep in mind, it would take six months if everything goes smoothly
(assuming you filling up all the forms accurately on every step as per divorce law draws)
Make sure you fill everything word by word as advised otherwise it would turned out to be too frustrating even on very initial stages and your divorce petition won't be accepted until court is satisfied with your application. little While ago most of family courts were merged at one place which causing delays and long waits etc. as govt. cutting budgets so money can be saved so be prepare for that plus court does not necessarily agree with the reason of divorce even if both parties agreed for divorce and both would be sent for meditation for a year or so in order to save the relation because overall courts discourages divorces as divorce rate is going high in recent years. Don't even try to find any family lawyer otherwise after your divorce you will have only clothes left on your body. This is my advise to you
Good luck

[legend786]

Me again. I think this would be the most pertinent question to ask.... Upon decree absolut in the UK, would it be valid in Malta?

Thanks

E

Hi

Keep in mind, it would take six months if everything goes smoothly
(assuming you filling up all the forms accurately on every step as per divorce law draws)
Make sure you fill everything word by word as advised otherwise it would turned out to be too frustrating even on very initial stages and your divorce petition won't be accepted until court is satisfied with your application. little While ago most of family courts were merged at one place which causing delays and long waits etc. as govt. cutting budgets so money can be saved so be prepare for that plus court does not necessarily agree with the reason of divorce even if both parties agreed for divorce and both would be sent for meditation for a year or so in order to save the relation because overall courts discourages divorces as divorce rate is going high in recent years. Don't even try to find any family lawyer otherwise after your divorce you will have only clothes left on your body. This is my advise to you
Good luck

[mosakhan]

She can continue to stay in the UK. Once you have the decree absolute, then she may apply for RoR.

[Obie]

She can continue to stay in the UK. Once you have the decree absolute, then she may apply for RoR.

What is the point of these points in frequent succession.

If you are seeking to abuse the private message facilities, you will live us no choice but manually prevent you from accessing it.

[mosakhan]

Sorry but I am not I forget to write the post obie and some time it's happend