inheritence issues and non EU spouse

Johversloe

hi, i was wondering if anyone can help me ?

ok, I am Irish I married an american girl in NY last march. moved to ireland in april. by may ( once she got her visa and PPS number secured ) she then started to row with me and we split. we are both here but she lives separate from me as of the beginning of the August. I believe she is living and working in galway while i am elsewhere. here are my questions :

1) can she make a claim against inheritence I am about to receive even though we not divorced just yet ?

2) can i file for separation here or back in NY ?

3) should i contact immigration immediatly regarding this as i have informed Social Welfare ?

Any suggestions would be great !!!!

regards

johversloe

walrusgumble

Johversloe wrote: »

hi, i was wondering if anyone can help me ?

ok, I am Irish I married an american girl in NY last march. moved to ireland in april. by may ( once she got her visa and PPS number secured ) she then started to row with me and we split. we are both here but she lives separate from me as of the beginning of the August. I believe she is living and working in galway while i am elsewhere. here are my questions :

1) can she make a claim against inheritence I am about to receive even though we not divorced just yet ?

2) can i file for separation here or back in NY ?

3) should i contact immigration immediatly regarding this as i have informed Social Welfare ?

Any suggestions would be great !!!!

regards

johversloe

sorry to hear about your trouble

i put it to you this way, the dept of justice, in particular the immigration service may have big/huge problems about renewing your wife's status / residency in this country if she is no longer living with you as a family unit - all this despite still being legally married!. particualrily as the marriage, it appears seems over after less than one year. she will have more worries about her immigration status in this country (assuming she wants to stay in ireland and is not entitled to citizenship of another eu country) than trying to get some inhertiance. have a look at www.inis.gov.ie

speak to a solicitor to get accurate advice on any possible inheritance entitlements and seperation / divorce, particularily if dissolution of marriage occurs outside this jurisdiction

dlofnep

Sounds like you've been had.

dermot_sheehan

Proper provision must be made for her in an irish divorce out of marital property, and this includes inheritance received by one party.

You can get divorced in New York since she is domiciled there and in NY inheritances are not considered marital property.

Another option given the brief nature of the marriage would be to petition for nullity in Ireland, and if that fails, file for divorce in New York,

_ZeeK_

dlofnep wrote: »

Sounds like you've been had.

cynical, i like

dats_right

gabhain7 wrote: »

Proper provision must be made for her in an irish divorce out of marital property, and this includes inheritance received by one party.

True, but every family law case involving ancillary financial reliefs turns on their own particular facts. Meaning it is virtually impossible to know what is relevant in your case without knowing the exact financial and any other relevant details. You would need to talk to a solicitor for full advice, but certainly the inheritance along with any other assets that you own are by no means 'untouchable' by the Courts as part of any divorce/separation legal proceedings.

Note that in order to qualify for a divorce in this jurisdiction the spouses must, inter alia, be living apart for four years out of the previous five. As you were married only recently divorce it would appear that divorce is therefore not yet an option for you in this jurisdiction. Although, in certain circumstances judicial separation can be applied for, which provides for essentially all the same ancillary/financial reliefs that are available on divorce.

gabhain7 wrote: »

Another option given the brief nature of the marriage would be to petition for nullity in Ireland, and if that fails, file for divorce in New York,

The brief nature of the marriage alone will not in any way entitle you to a Decree of Nullity. It may well be different with regards to Church annulments but as same have no legal effect there is not much point discussing them. State annulments are granted in very limited circumstances and they are:
1. non-observance with legal formalities. 2 lack of capacity of the parties (e.g. already married, under 18, etc.). 3 lack of consent (e.g. mental incapacity, fraud, etc.) 4. Impotence (but intercourse even once means the marriage is valid). 5. Inability to enter into and sustain a normal marital relationship (the case law in this area complex and the ground must have existed at the moment of marriage and not developed later e.g. schizophrenia, etc)

It should therefore be apparent that in the very majority of family law cases, where irreconcilable differences develop between the spouses, that nullity is of no relevance or application whatsoever and traditional judicial separation, separation by deed, or divorce are the only options open to the parties.

dermot_sheehan

Of course an annulment would be tricky and a brief marriage would not in itself entitle you to it. It is in general easier to prove lack of informed consent or psychiatric impotence and lack of approbation if the marriage was very brief.