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Serious divorce question

  • 25-03-2004 9:37pm
    #1
    Closed Accounts Posts: 1,166 ✭✭✭


    Apologies if this is in the wrong forum.

    Does anyone know if a husband beating his wife is grounds for a divorce being granted without him agreeing to it (the divorce)?

    Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 604 ✭✭✭Kai


    Jesus lad she was married to him ??? i take it all back run for cover :p


  • Closed Accounts Posts: 1,166 ✭✭✭Johnny Versace


    Originally posted by Frugu
    Jesus lad she was married to him ??? i take it all back run for cover :p

    Yup. I told you it was complicated :D

    He's trying to get money from her otherwise no divorce. But surely the marriage can be voided if she proves (should be easy) that he's a total violent psycho?


  • Closed Accounts Posts: 199 ✭✭Doctor Funfrock


    is divorce even legal in ireland ?!? :confused::confused:


  • Registered Users, Registered Users 2 Posts: 9,487 ✭✭✭banquo


    divorce IS legal in Ireland and you need absolutly no grounds whatsoever. (i worked for a mens eqaul rights group so i'm a little sensitive about the issue)


  • Banned (with Prison Access) Posts: 5,154 ✭✭✭Oriel


    The marriage can be annulled in the eyes of the Catholic church, only if there are grounds upon which the marriage should not have occured in the first place. I'm not sure about devorce in Ireland, but I don't think it can happen at all.

    Ignoring what robbb_mm said (which I think is incorrect), I don't think you can devorce in Ireland, unless you are protestant. Legally, it'd be fine I'm sure, but Ecumenically, It would be a different matter. If you are going to try to marry another Catholic woman, you wouldn't be allowed to do so, as "God" has already ticked you off in his big black book.

    Sorry, but she is stuck with him. If she has grounds for annullement, then I wish her all the best.
    However, if she is 22 and married a fool...


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  • Registered Users, Registered Users 2 Posts: 19,608 ✭✭✭✭sceptre


    Er, we had a divorce referendum in 1995. It passed. I'm sure Johnny V isn't all that worried about getting remarried in a caflick church any time soon.

    Basically it's a no fault divorce system we have - you'll need to prove separate residence for a number of years (4 or 5, can't remember which) and then you can have a divorce. No chance of getting one any faster in this jurisdiction. Paying the guy off would be a waste of monty - it won't help a divorce arrive and it won't help it arrive any sooner. A legal separation (largely the same as a divorce but it's not a divorce (no remarriage rights and a number of other differences) can be done for any one of a myriad of reasons and yes, being a wife beating ****er will easily qualify as one of those reasons. She might also consider taking out an injunction against the guy so he can't contact her.


  • Closed Accounts Posts: 42 Adam 3000


    perhaps the fact that hes a wife beater would be grounds for an annulment (its a long shot, but given that its a breech of marriage vows then theres always a slight slight chance).. then again, i think annulments are only if the people involved werent thinking straight when they got married (drunk etc) or if the marriage wasnt concecrated... check it out all the same, its worth a try.

    oh, and report the scumbag c*nt while yer at it


  • Registered Users, Registered Users 2 Posts: 10,984 ✭✭✭✭Lump


    Originally posted by robbb_mm
    divorce IS legal in Ireland and you need absolutly no grounds whatsoever. (i worked for a mens eqaul rights group so i'm a little sensitive about the issue)

    You need to be seperated 5 years.


    John


  • Closed Accounts Posts: 2,922 ✭✭✭Dave


    I read in the paper a few weeks ago about some womans marriage that was annulled without her consent 30 years after she got married. She had kids with the man and it was still annulled.


  • Closed Accounts Posts: 3,030 ✭✭✭smiaras


    This post has been deleted.


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  • Moderators, Social & Fun Moderators Posts: 42,361 Mod ✭✭✭✭Beruthiel


    johnny
    you have to be seperated for 4 years in ireland before you can divorce
    she can get this done with Free Legal Aid - it takes time as it's free
    this is where I got mine done:

    64 Lower Mount Street, Dublin 2. Tel (01)616478. Open Mon-Fri. Help centre for people with family law problems

    other places:

    http://www.iol.ie/~pe/pe05001.htm

    some things to read:

    http://www.oasis.gov.ie/relationships/separation_divorce/legal_consequences_of_separation_and_divorce.html

    http://www.oasis.gov.ie/relationships/separation_divorce/applying_for_a_divorce.html


  • Registered Users, Registered Users 2 Posts: 5,254 ✭✭✭MojoMaker


    99% possible her marriage isn't even recognised in this country. I assume they didn't get married here but in Korea, neither of them are Irish citizens, so Irish divorce law does not apply to them.

    Btw - it's 4 years here. But only 1 year in UK or France among others. An EU granted marriage can be dissolved in any EU country subject to local divorce legislation. In most countries the separation period is much shorter than Ireland.

    A Catholic church anullment (does not apply here) is a very tricky procedure to go through and can take many many years (much longer than a civil divorce). A civil annullment can also take years and cost several thousand euro. A contested divorce can be messy in this country as our legislation is relatively new on the subject.

    Johnny man, was going to say this in the PI forum. I can't believe you are being so naive though. Read between the lines of the situation you have described, I mean REALLY read between the lines and see how it looks.


  • Registered Users, Registered Users 2 Posts: 351 ✭✭mrblack


    Sinecure said

    "Ignoring what robbb_mm said (which I think is incorrect), I don't think you can devorce in Ireland, unless you are protestant."

    Hopefully Sinecure meant the above statement as a piss take-otherwise he cannot see the difference between the church and the state. Thankfully Sinecure is not a lawmaker/drafter or else we would all be fined for not going to mass on Sundays!

    BTW robbb_mn is correct!


  • Registered Users, Registered Users 2 Posts: 1,636 ✭✭✭henbane


    Originally posted by Beruthiel
    johnny
    you have to be seperated for 4 years in ireland before you can divorce
    she can get this done with Free Legal Aid - it takes time as it's free
    this is where I got mine done:

    64 Lower Mount Street, Dublin 2. Tel (01)616478. Open Mon-Fri. Help centre for people with family law problems

    Mount street law centre is now based in Smithfield. Locations and documentation can be found here - http://www.legalaidboard.ie/lab/lab.nsf/ContainerPage?OpenForm&Legal%20Aid

    It's 4 of the previous 5 years - so if she lived with him at some stage since the original split it doesn't necessarily stop a divorce.

    If those conditions don't apply - it would be a good idea to consider legal separation. Same system (no fault) as with divorce but the conditions are not as stringent. Unless you intend to marry her soon, this should be as good as a divorce for her.

    Annulment is very unlikely and a complete pain in the arse - have to really prove that one or both parties were not of sound mind when it happened which involves an endless series of interviews with psychologists and the like.

    If he is coming to her house threatening her she should pay a visit to dolphin house (off parliament street) to check the options for restraining orders and the like. Someone should go with anyone unfortunate enough to have to go to dolphin house - tis an awful depressing place.

    It's a very good idea to make sure the guards take a statement anytime they need to be called and also she should get the names/numbers of any guard who shows up when she needs them as she may need statements.

    Do not give the prick any money - will not help anyone except him. No judge will give a toss if she's paid him.


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