Stages Of Retention

[finalversion_2k]

Hi, I was married to EU citizen for 4Years & 3months. from last couple of months our relationship was almost finish and we decide to apply for divorce. so we applied for divorce in Baltic state. On first hearing as we husband & wife both were agree court give the divorce decision.

Problem: when I saw the copy of decision 'In what circumstances' section was mentioning that we are living apart from each other since mid 2015 and after that she moved back to her Baltic country. which is completely wrong, I talked to solicitor representator about this error and he said we added this just to make divorce process quicker and easier. I asked them it's completely against me and not something what I want, so I don't know but try to change this as I have month period to review/appeal against the decision.

I know one of the Retention requirement is she should be in state and exercising her rights. Any Suggestion that divorce decision can impact on retention?

[Mal111]

they must have presented to you before what they are filling in court did they not?

Baltic country? which one Poland or Latvia or Lithuania ? I think your allowed to tell the country this will not reveal your identity

[Mal111]

also be careful when your appealing against this because legally it could cause complications to your spouse as this will mean ur spouse lied under oath in court of law because you know the solicitors would never admit in court that they put in something to make divorce easier because they will lose their licence to practice.

[finalversion_2k]

Thanks Mal111 for reply.

Estonia. No they just send me total 2 letters to sign. 1. that I wan't to apply for divorce and XYZABC are my solicitor. 2. As I live and work in Ireland and can't travel their so my solicitor will represent me..

what you mean by your allowed to tell the country this will not reveal your identity??

I confirmed from my spouse she said she also didn't sign or received any document stating that she move in 2015 etc etc..

[Mal111]

you refer Baltic country in your post so I thought the reason u didn't want to tell the name because of privacy that's why I ask.

that's strange usually when solicitor prepare the case for anything they run by the client once everyone in agreement then they lodged the case in court.

so the only way to correct this is what it is a miscommunication between you and ur solicitors

if you appeal it will over turn the divorce decree then you have to apply again after some time.

have you notified the INIS regarding your separation?

[finalversion_2k]

Yes it is strange and I infact talked to Representator of solicitor that you guys are not updating me, I have to find out everything on my own OR by my wife.

Without travelling divorce in baltic country I read on this forum so was assuming that's the standard process, may be that's how they do.

About informing no I didn't reason I was waiting for divorce and then was planning to inform and apply for retention. but now everything is stop.

[Mal111]

I think the only person help you is your spouse her solicitor and the solicitor who represent you in court just have this wording changed to what has actually happen the fact you don't speak the country language it can be easy recognised as an error and can be corrected by the court I don't know anything about the law in that country so best to ask her solicitor.

also ask if you appeal the divorce and overturn the ruling what are the odds f getting divorce again .

I am very sure amendments are possible in wordings because people with more complications such as children, properties and assets mistakes must be arise and corrected without overturning the decree

[finalversion_2k]

that's what I'm trying basically I ask them first to raise this change as TypOMistake / Error as both parties were agreed for divorce and hearing is also done smoothly so shouldn't be any problem.

but if that didn't work then appeal / review.. as in that case i don't have any other suitable option. i Can't apply for retention with that date.

[Mal111]

i hope you can resolve it soon

[finalversion_2k]

I hope..

[finalversion_2k]

Latest update: solicitor said there are 2 possibilities from here,

first we will submit application and try to convince court that that was typo mistake: Prob: as decision was made on previous statement so there are chances judge can review the decision Or cancel the change request.

second there are 2 decision for divorce, One detail and second lil shorter, we can request court to omit the separation dates from shorter decision and use this for EU5 application requirement.

@Mal111 / @broli : guys whats your opinions on above? I'm also not aware court issue two decision for divorce?? I'm just wondering for EU5 what we exactly we need to submit related court letters??

[Mal111]

finalversion
I have no experience in eu divorce all I know is eu tr dpt ask for translated decree of divorce nothing more nothing less.

if I have to chose I would go for option 1 have the date changed and if the judge review the case and overturn the decision I would apply again but I am a very risk averse person.

I think its your solicitor who should advise you which one is better for you.

[finalversion_2k]

Thanks @Mal111 I think I should create new thread related to below questions.

1. Do we receive 2 types of Decree of divorce, Detail And Summarized??
2. if so which one we submit for EU5??
3. What Decree of Divorce included??

[finalversion_2k]

Hi All,

I am recently divorced and going to apply for EU5? I have below questions would really appreciate your thoughts on it..

1. Do we receive 2 types of Decree of divorce, Detail And Summarized??
2. if so which one we submit for EU5??
3. What Decree of Divorce included??


Thanks.

[finalversion_2k]

Hi All,

I just want to know what's standard content on decree of divorce .. does it include that statement/reason submitted to court for divorce, Separation Date etc etc? OR does this include just decision of divorce and stating that we don't have liabilities on each other? details of property, children and assets.


Thanks,

[finalversion_2k]

any experts thoughts?

[finalversion_2k]

So finally my divorce decsion made, now waiting for Decree Of Divorce.

Problem: Just to made divorce proceeding quickly/speedy my Polish solicitor make stupid statement/circumstances from his self, without reviewing from me/wife and submit to court. and on that statement court issued divorce on first hearing, when I saw i got mini heart attack as she's with me till now and Mater hospital appointment for medical test next week/ also working here in dublin. I believe this decision will talk to my Retention application. would really appreciate if you guys suggest anything on below divorce decision, currently polish solicitors trying to sort this. couple of suggestions (1. change the wording which will change the interpretation, e.g: The plaintiff and defendant have lived apart from mid-2015 CHANGE TO The plaintiff and defendant have conjugal relationship broken since mid-2015. 2. In Translation of Decree of divorce they will change 2015 to 2018) I don't know what should i do.

According to the application, the applicant is a Pakistani citizen and the defendant is an Polish citizen. The applicant and the defendant married Ireland March 17, 2014. The plaintiff and defendant have lived apart from mid-2015. Currently, the applicant lives in Ireland and the defendant lives in poland. Spouses had their last joint residence in Ireland. Both spouses have now moved their lives and have lived their lives for several years now. Both the plaintiff and the defendant have a new life partner. The plaintiff wants to divorce her and, knowingly, the defendant agrees to the divorce and wishes to do so himself. The applicant's and the defendant's cohabitation did not succeed because of the great cultural differences and the disagreements that have arisen. The applicant considers that it is impossible to restore marital relations, as both parties have moved forward and have new partners in life. The applicant and the defendant does not have children. The plaintiff does not want to divide the joint property, as the spouses have already split their joint property into a divorce. The applicant considers that Polish law must apply in this case. The applicant is firmly convinced that the defendant is also of the same opinion. The applicant sought the divorce of Plaintiff and Defendant and ordered the party to pay the costs of the proceedings.

[CR001]

Topics merged.

announcements/multiple-posts-will-be-lo ... t5722.html

[finalversion_2k]

Hi guys,

I'm going to apply for ROR EU5 next week. wondering can anyone guide me about cover letter, for Application (beneficial for state) and any missing documents explanation. would be great in anyone can share sample letter.

Thanks,

[Mal111]

can you tell me from the date of divorce how long it took you to get the decree in hand I think it take few weeks to get the papers and also if you can tell me if the decree is in English ? I think in Poland if the divorce is for forign nationals its issued in European template ?

[finalversion_2k]

Hi @Mal111: I just received the court decision and still didn't recv the decree. they assured me that in first week of sep i'll receive the decree and translated copies with apostle and all..


back to your question: decision was made on 4th June, there was some problem in decision so that took 2 months to sorted.. now it's sorted and I was thinking to apply with that decision copy and will send decree after when receive in sep..

[Mal111]

I wanted to know the first time how long did it took when you get the decree (the wrong one with wrong information on it)
just trying to get idea of how long does it takes to get a decree from Poland from the date of divorce in court.

[Mal111]

finalversion

I just read your previous posts I have asked you in past about your country of divorce because you wrote Baltic country and you told me Estonia and in your last post you said your polish solicitor and in my reply I clearly ask you about divorce in Poland.

I am not trying to catch you out on your words I completely understand why people don't want to share details for privacy reasons but then just don't share providing wrong info could misguide a reader and they probably end up making a wrong decision based on believing in your post.

[finalversion_2k]

@Mal111: there is nothing to catch and I never tried to give or write wrong information. on this blog i'm almost from more then 2 years.. my wife work as translator (can speak russian, polish, latvian and estonian.) these days originally from Estonia, born and bottom poland, holding polish passport, that was the reason I used baltic country first and then poland, and if I wrote somewhere estonia then this will truely mistake. I don't know should i call her estonian or polish.. anyways that's the details..

[finalversion_2k]

Now to your question. as i said earlier decsion was made on 4th June, and all what my solictor was trying to remove circumstances from decision, so this took two month.. date on that latter is still old which is 4th june.. let me clear again it's not decree it's decision there is different between decision and Decree..