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Retention Of rights after divorce (Domestic Violence)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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kevin2020
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Joined: Fri Jun 22, 2012 3:22 pm

Retention Of rights after divorce (Domestic Violence)

Post by kevin2020 » Fri Jun 22, 2012 3:33 pm

Hi all, I need your advice ladies and gentlemen. I have been in an abusive marriage. My wife has let me down so much that now I want to end our marriage 1 month shy from the the 3 years. She has abused me in many ways - phyically, emotionally, pychologically etc. Reported her to police 3 times. Latest was yesterday when she raised a knife at me while I was on 999. Have both video and audio recordings of her hitting me as she try to set me up into hitting her back. She has always hurled at me facial insults etc. Now it has reached a point whereby I very depressed that I don't know what to do with my life.
So I was thinking of divorce. Is it possible to retain rights of residence? got married in July 2009 and been in UK for 2 years. She is a romanian student working parttime with a yellow card.
Do I need a lawyer in this case?
thanks

Guerro
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Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Post by Guerro » Fri Jun 22, 2012 9:19 pm

if the police has issued her cautions and warnings or a court order has been made aganist her, your case should be ok. if her domestic violence hasn't been penalised LEGALLY by the abovementioned examples, there might be ifs and buts.
in all cases, you can separate and start divorce within a month to be in the safe side

kevin2020
Newly Registered
Posts: 5
Joined: Fri Jun 22, 2012 3:22 pm

Post by kevin2020 » Wed Jun 27, 2012 5:52 am

Thanks Guerro. Police haven't issued her with any warnings. I will hold on for the remaining 2 weeks to reach 3 yrs. As she is a student I was wondering what documents I might need to prove that she is exercising here eu rights?

askmeplz82
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Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Wed Jun 27, 2012 9:05 am

kevin2020 wrote:Thanks Guerro. Police haven't issued her with any warnings. I will hold on for the remaining 2 weeks to reach 3 yrs. As she is a student I was wondering what documents I might need to prove that she is exercising here eu rights?

I think UK border agency will ask you why you haven't reported it to the police specially in a case like holding knife

i know someone who is your same situation. that guy was jailed for long time and still in jail. threatening someone with knife is a serious crime. it like attempt to murder. she may go to jail for that.

You better ask for help from police before anything else.

what is more important your life or something else?

kevin2020
Newly Registered
Posts: 5
Joined: Fri Jun 22, 2012 3:22 pm

just to confirm before I start divorce tomorrow

Post by kevin2020 » Sun Jul 15, 2012 6:15 pm

Thanks for your responses - highly appreciated. Here is my full story. Got Married in Romania in 2009 July 10. Came to the uk July 2010. Got my residence card in Jan 2011. She also got a yellow card the same time - been a student. She started working part time Nov 2011 - still working there. I started working Jan 2011 - same company till now.
However, things went sour - I reported her for domestic abuse three times and now I have decided to let it go.
Tomorrow I will file for divorce am I on the safer side in terms of retaining rights? She might cooperate with me in terms of proof of college and work - not 100% sure - is there any legal agreement I can have with her as part of divorce settlement that she must provide supporting documents?
Please advise me on the divorce itself - she insist I should divorce her on grounds that we cant live together because of regular disagreements - and I was thinking that that might take long to divorce supposing the court give us time to see if things can work.
Please help me - because tomorrow I might start that irreversible process

kevin2020
Newly Registered
Posts: 5
Joined: Fri Jun 22, 2012 3:22 pm

Post by kevin2020 » Sun Jul 15, 2012 6:21 pm

askmeplz82 wrote:
kevin2020 wrote:Thanks Guerro. Police haven't issued her with any warnings. I will hold on for the remaining 2 weeks to reach 3 yrs. As she is a student I was wondering what documents I might need to prove that she is exercising here eu rights?

I think UK border agency will ask you why you haven't reported it to the police specially in a case like holding knife

i know someone who is your same situation. that guy was jailed for long time and still in jail. threatening someone with knife is a serious crime. it like attempt to murder. she may go to jail for that.

You better ask for help from police before anything else.

what is more important your life or something else?

Men are abused and it is rare for the law to catch up with the abusers(women). Last time when police came - one policeman actually persuaded me not to press charges against her saying that it will have an impact on her Criminal record.If it was the other way round maybe now I would be writing from prison

kevin2020
Newly Registered
Posts: 5
Joined: Fri Jun 22, 2012 3:22 pm

Post by kevin2020 » Mon Jul 16, 2012 8:03 pm

somebody please say something. waiting for divorce package

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Post by askmeplz82 » Wed Jun 19, 2013 12:18 pm

kevin2020 wrote:somebody please say something. waiting for divorce package

what's your status now?

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