Post
by Obie » Fri Dec 30, 2016 10:15 pm
Yes Separation orders don't work any longer since the decision of the European Court of Justice in the case of Singh.
I had updated the board by putting up a sticky topic on this issue in the Spring of this year, but unfortunately the forum was corrupted and some or in fact all of those sticky topic were lost in the process.
I shall update on the position in Ireland in regards to Retention of Residence, and the changing caselaw, when i find sometime in the new year.
The situation is almost impossible in Ireland, I tried doing a divorce for a couple who had underwent domestic violence from her husband, and it took 3 years, despite the hardship of the woman.
The department of Justice surely need to work on changing the law, but i do not think they are in any hurry to change it for people seeking retention of residence, in fact i think the department is happy about this appalling situation.
Singh was simply the icing on the case, as the courts in Ireland had enormous sympathy for the plight of these people not able to exercise their rights.
However unlike in the UK, if a divorce is file after 4 years of marriage, a person will qualify, as per singh, even if a certificate of divorce is not yet issued.
Smooth seas do not make skilful sailors
