Non EU Spouse Rights after 4 EUFAM (Terrible Situation)

[euspouse]

Hello Guys
i am in a very serious situation and looking for a advise please.
I am a Non EU National living on 4 EUFam from last 2 years and I am working full time with no criminal record and never claimed any social benefits.
Now my wife which is an EU national think that without her i am nothing and she treats me like a slave....she is extremely abusive and when she is in a bad mood she is doing terrible things with me and sexually she force me to do things which i can't do (like oral sex).
she also kill me financially as she take all of my money and send it to her mother into her country as she don't work and i am paying for every thing.
she is fully abusing me because she knows that i am living in ireland on the bases of our marriage and without her i am nothing and i can loose my visa 4EUFAM.
Guys help me please and take me out from this bad situation and tell me what are my rights as i don't wanted to be in trouble from my immigration point of view. and also if i apply for seperation or if we dont live together what could happen????
GUys this is my appeal plz provide me the best if information as i am very upset. i am living in hell right now, i hope some of u could understand.
will look farward to for ur help.
regards

[ca.funke]

Hi EUSpouse,

sorry to hear it didn't work out for you.

As there's no reply yet, I'll give you the best I have at present (which isn't a lot).

Most of what you probably need to know from the legal side can be found in >>Directive 2004/38/EC<<.

Have a look at Article 13:

Article 13

Retention of the right of residence by family members in
the event of divorce, annulment of marriage or termination
of registered partnership

(...)

2. Without prejudice to the second subparagraph, divorce,
annulment of marriage or termination of the registered partner-
ship referred to in point 2(b) of Article 2 shall not entail loss of
the right of residence of a Union citizen's family members who
are not nationals of a Member State where:

(a) prior to initiation of the divorce or annulment proceedings
or termination of the registered partnership referred to in
point 2(b) of Article 2, the marriage or registered partner-
ship has lasted at least three years, including one year in
the host Member State; or

(b) by agreement between the spouses or the partners referred
to in point 2(b) of Article 2 or by court order, the spouse
or partner who is not a national of a Member State has
custody of the Union citizen's children; or

(c) this is warranted by particularly difficult circumstances,
such as having been a victim of domestic violence while
the marriage or registered partnership was subsisting; or

(d) by agreement between the spouses or partners referred to
in point 2(b) of Article 2 or by court order, the spouse or
partner who is not a national of a Member State has the
right of access to a minor child, provided that the court has
ruled that such access must be in the host Member State,
and for as long as is required.

At least the letters of the above sound OK.

I hope someone can fill them with life by suggesting real options?

Good luck

[El shaddai]

Hi Eu Spouse, you just have to take things easy and be calm bcos lots of people are facing this similar scenario including myself.the law says u should be together for at least 3years then if separation or divorce occur,you still have right to retain your residency statutes.have u got any kid with your wife?what ever have a begining must surely have an end.please be careful and be wise. violence is not the solution and neither divorce is the answer. if u have any kid together i ve got another suggestion for you....it shall be well with you.

[zafarzafar]

Hi El shaddai
i dont have any kids....Thanks GOD