EEA family member and divorce. Please help!

[LenaLena]

Hi! I was reading the forum and could not find a situation like mine so I am asking for advice.
I am from a third country and married to european guy. We have been married for one year and 6 month. Now he is asking for divorce and refuse to wait any longer.
We have been living together for 6 and a half years in overall (I could prove that if that would help). And I live in UK on a permanent basis for 8 years. For all those years I had student visas and the EEA family member visa for one and a half years.
I never worked and do not have a job at the moment. My family supports me financially.
Do I have to leave the country as soon as we get a divorce? Or maybe there is something I can do to stay here?
Please help me! Please give me an advice on how I could stay in the UK after the divorce! I am panicking!

[mcovet]

do not panick. What grounds is he basing his divorce on? It is not that easy to divorce for him if you do not wish to!!! And please ensure you seek legal advice on how to obtain financial provision from him upon divorce. By the time the divorce is finished, you will be nearer to the 3-year mark required for you to retain your rights and stay in the UK in your own right.

What is he basing the divorce on??? Do not agree to it, you do not have to!!! Once I know what the divorce grounds are and so on, I can advise you further. There is no clear provision for people who had been living together as family before getting married to retain rights, a bit complicated. If it were recognised, then you would have obtained automatic Permanent Residence right by now, but it's not the case.

[LenaLena]

mcovet, thank you so much for your reply. Basically, there is no strong reason for him to divorce me. 4 month ago I have asked him to leave the house as I could not live with him any longer. He became a drag addict and was aggressive all the time. However, he never touched me in an aggressive way so it does not count as domestic violence. Now he thinks that I am dating someone and wants to divorce me as soon as possible. I do not date anyone, but he is convinced.
The problem is that we were married overseas and the divorce can be done in the embassy much quicker and easier. By the law of the country we were married in we can be divorced very quickly (1 month after submitting the documents).

[mcovet]

A couple of points! Firstly, seek legal advice from a family lawyer. Secondly, look into applying to court for a decree of judicial separation. This decree will be based on an unreasonable conduct of your husband which led to you separating. The judicial separation is NOT the same as divorce and so neither him nor you can remarry. Once you have this Decree you can stop any other court having a jurisdiction. So this will prevent ur husband from continuing the process at the embassy.

Do not give up easily, the institution of marriage is a serious business in the uk and if one party doesnt want to divorce the other must establish certain difficuot grounds.

Seek legal advice. If you cannot afford paid advice, try your local Citizens' Advice Bureau

mcovet, thank you so much for your reply. Basically, there is no strong reason for him to divorce me. 4 month ago I have asked him to leave the house as I could not live with him any longer. He became a drag addict and was aggressive all the time. However, he never touched me in an aggressive way so it does not count as domestic violence. Now he thinks that I am dating someone and wants to divorce me as soon as possible. I do not date anyone, but he is convinced.
The problem is that we were married overseas and the divorce can be done in the embassy much quicker and easier. By the law of the country we were married in we can be divorced very quickly (1 month after submitting the documents).

[annvdb]

When a marriage has broken down it is not that difficult to find sufficient grounds for divorce on the basis of unreasonable behavior. The courts are not demanding in their requirements and it is extremely difficult and costly to defend a divorce petition in the UK. Unless both of you are opposed to a divorce (for example for religious or conscientious reasons) I don't see how it could be in anyone's interest to consent to a decree of judicial separation rather than a divorce.
From what I gather you are both living in the UK, a divorce obtained through the embassy would not be recognized in the UK. The courts in the UK would have jurisdiction provided you have lived as husband & wife in the UK for one year at least. In order to retain the right to reside in the UK the marriage should have lasted three years prior to commencing divorce proceedings.
I would advice you to contact a family solicitor to obtain proper advice on your situation.