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Divorce in The Republic

  • 07-10-2003 5:09pm
    #1
    Liam3494
    Closed Accounts Posts: 13 ✭


    Hi - Hoping that somebody can either answer this question, or point me in the right direction.

    I have a friend, female, married 20 years, seperated for the last 2 years, who desperately wants a divorce from her "Ex" - History of adultery, abuse etc.... Under my knowledge of Republic Law she has to wait 4 years before proceedings can commence. What she wants to know is can she obtain a divorce in Northern Ireland to get her out of this mess? My view is she would have to be domiciled in the North, but I'm open to any suggestions.... Or are there any other alternatives (nullifying seems out of the question)

    Any help on this would be gratefully received,

    Liam


Comments

  • #2
    Typedef
    Closed Accounts Posts: 5,564 ✭✭✭Typedef


    Yes you could get a divorce from Britain, but, you have to be able to prove you live in the UK.

    So unless you're friend has a friend in the UK who is willing ... to make such a promulgation (ie being Liberal with the truth as to 'your friends' place of residence), your friend would have to move to the UK.

    Also, I'm not sure exactly how long you'd have to live there, before the British state would grant you a divorce.


  • #3
    Evil Phil
    Registered Users, Registered Users 2 Posts: 7,468 ✭✭✭Evil Phil


    Maybe your friend should talk to a soliciter or a women's group. There must support groups for those burdened with spousal abuse that can help with advice.


  • #4
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    Unlikely a solicitor would be of help as it is ilea gal to claim to be resident elsewhere.

    Maybe women aid may be able to point her in the right direction if she has not been there already.


  • #5
    The Corinthian
    Closed Accounts Posts: 19,777 ✭✭✭✭The Corinthian


    Originally posted by Liam3494
    I have a friend, female, married 20 years, seperated for the last 2 years, who desperately wants a divorce from her "Ex" - History of adultery, abuse etc....
    Out of curiosity, and I may be corrected on the facts here, but to the best of my knowledge in Irish law practically the only substantial difference between separation and divorce is the right to remarry. If there is another reason for her need to get divorced after two years of separation, I’d be curious to learn more.

    However, if her reason is that she wants to get remarried then we would be talking about her separating from her husband, meeting a new man, forging a lasting relationship to the point where marriage is the next natural step - within two years (unless her husband wasn’t the only adulterer in the relationship).

    If the later case is more accurate of your friend’s situation, then the words rebound, rash and bad idea do spring to mind.


  • #6
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    It could be more of the case that She wants it all over and done with and all links to the abusive husband completely severed rather then having to wait the 4 years and deal with it and him all over again.


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  • #7
    Beruthiel
    Moderators, Social & Fun Moderators Posts: 42,362 Mod ✭✭✭✭Beruthiel


    I just got a separation agreement at the time, it is also a legal document. I couldn’t be arsed going to the bother of now getting a divorce as I have no intention of ever getting married again. If and when my ex would like to get one then he’s welcome.
    Why doesn't she just go for the separation agreement for now?


  • #8
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    It is the little things that can get in the way that you are still married despite the fact you are divorced that can cause grief later.

    You Spouse is despite the separation is still your legal next of kin, and has all the rights and privileges of that. (Think medical Worse case scenarios , will and division of assests) Legally even if you are separated and living with a new partner in a house jointly owned with that partner in the event of death the house should revert to that of the partner but even if it is willed so the Legal Spouse (separation or not)
    Can push for all assists of the deceased and contest the will.

    Even down to the funeral arrangements the spouse has the say for they are still legally the wife/husband as there was no divorce.


This discussion has been closed.
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