WOMAN RIGHTS - BRITISH SPOUSE VS EEA SPOUSE

[UKBA HUNTER]

under british law if the couple are divorced then the woman has got right to claim 50% share on the wealth/property of man (husband). Is that correct? Does the EEA wife has got same right?

[Lucapooka]

Apart from your assumption being totally incorrect, decisions in UK family law are not relevant to immigration status.

[fysicus]

For marriages with an international character it is not always obvious which law of which state is applicable.
To bring some order in the chaos, there exist the Hague Conference on Private International Law, which among others has agreed a Convention of 14 March 1978 on the Law Applicable to Matrimonial Property Regimes.

[Lucapooka]

I don't think he is asking about family law in various EU states; he seems to be asking if, under UK family law, a person inside the UK is treated differently if they a UK immigration status or a EU immigration status.

[Directive/2004/38/EC]

Divorce depends a lot on the residence status of each of the people. In many western countries citizenship is a lot less important. It is all a very complicated area of law. It makes immigration law look positively trivial, especially if residence has been in several countries and there are assets in the different countries.

[UKBA HUNTER]

I am asking that question for here in uk as many times most usually we listen that man loose half of his property e.g house to her woman claim on separation. Does the EEA national women has similar right vs the british women here in uk under any law that deal this situation.

[wiggsy]

it isnt necessarily that, but: divorce law is more complex...

IE: did he own the property before marriage? if yes, might not be touchable... is the money part of the family wealth? if not it might not be touchable...

its not a clear cut, whats his is also mine... (or visa versa) - dont state "womens rights" ... its not anything to do with sexism etc... or nationality...

the best place to ask might be on a devorce website as per what is possible... - ie: is the a loan on the house, etc... every case is different...

[EUsmileWEallsmile]

If I understand the OP's question correctly, they appear to be asking if an EEA spouse would be treated differently to a British spouse if a case came before a UK court. The answer to that would be no.

[Miracle need]

For British couple (1 British other non-British) in many cases we heard that on divorce the British woman gets 50% from the husband's property/saving. Is that equally apply too in case where eea national wife divorcing non-eu national partner? Is that now changed and true?

[UKBA HUNTER]

I guess that if the finance or asset are held in individual name not joint then only the holder/occupier of that has right on it and is untouchable if there are no children.

[Amber]

I suggest you seek legal advice UKBA Hunter from a family law solicitor if you're planning on divorcing. An equitable interest in land is established in case law and can be complex and depend on a number of issues.