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Judicial Separation & new De Facto relationship

  • 13-06-2012 8:12am
    #1
    DavidForde
    Registered Users, Registered Users 2 Posts: 7 ✭


    I obtained a judicial separation from my ex-wife a couple of years ago. Obviously I cannot obtain a divorce for a further 2 years.

    However as my new partner is from outside the EU, I wonder if I will be able to register this new de facto relationship before getting divorced? I realise that I will need to wait 2 years, but will this be possible then, or will the fact that I am not divorced mean that this is impossible.


Comments

  • #2
    GeorgeOrwell
    Registered Users, Registered Users 2 Posts: 124 ✭✭GeorgeOrwell


    As I understand it, there is no such thing as a de-facto relationship.


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    GeorgeOrwell wrote: »
    As I understand it, there is no such thing as a de-facto relationship.

    Incorrect, http://www.inis.gov.ie/en/INIS/Pages/WP07000278


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    DavidForde wrote: »
    I obtained a judicial separation from my ex-wife a couple of years ago. Obviously I cannot obtain a divorce for a further 2 years.

    However as my new partner is from outside the EU, I wonder if I will be able to register this new de facto relationship before getting divorced? I realise that I will need to wait 2 years, but will this be possible then, or will the fact that I am not divorced mean that this is impossible.

    Interesting, if your new relationship is in excess of 2 years then you can at least apply to inis, and see what happens. If on the other hand your relationship is new well for defacto you need 2 years so you will be in a position to divorce by then.


  • #5
    GeorgeOrwell
    Registered Users, Registered Users 2 Posts: 124 ✭✭GeorgeOrwell


    Apologies, I didn't know about that. Interesting stuff.


  • #6
    DavidForde
    Registered Users, Registered Users 2 Posts: 7 ✭DavidForde


    The relationship has been for just over a year, so I would rather get the de facto relationship ratified than wait for longer, if possible.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    DavidForde wrote: »
    The relationship has been for just over a year, so I would rather get the de facto relationship ratified than wait for longer, if possible.

    I dont think you can do that. You can not divorce for another 2 years so you can not enter into any type of legal union. And Defacto needs to be in relationship duly attested for at least 2 years.


  • #8
    DavidForde
    Registered Users, Registered Users 2 Posts: 7 ✭DavidForde


    Yes, but I am hoping to apply after 2 years of the relationship for the de facto. I wondered whether the judicial separation is a sufficiently 'legal' end to the former relationship to allow for this de facto relationship to be ratified.


  • #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    DavidForde wrote: »
    Yes, but I am hoping to apply after 2 years of the relationship for the de facto. I wondered whether the judicial separation is a sufficiently 'legal' end to the former relationship to allow for this de facto relationship to be ratified.

    And as I said earlier, when you have at least two years of a relationship, you can apply. I can see no reason why a defacto relationship can not be used even if the person is separated but not divorced. But the only way to be sure is to apply.


  • #10
    Claire McCarthy Cork
    Banned (with Prison Access) Posts: 28 ✭Claire McCarthy Cork


    DavidForde wrote: »
    The relationship has been for just over a year, so I would rather get the de facto relationship ratified than wait for longer, if possible.

    David, what do you mean by "ratified"? For what purpose do you want to have the relationship recognised? Is it for immigration purposes, as assumed by other posters, and/or for some other reason(s)?


  • #11
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    GeorgeOrwell wrote: »
    As I understand it, there is no such thing as a de-facto relationship.

    I think you might be confusing this with a de facto Family - which, I believe, is not recognised by the Irish Courts?


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  • #12
    DavidForde
    Registered Users, Registered Users 2 Posts: 7 ✭DavidForde


    Yes, the defacto would be helpful for immigration reasons.


  • #13
    Claire McCarthy Cork
    Banned (with Prison Access) Posts: 28 ✭Claire McCarthy Cork


    In that case, you might like to read this factsheet from the Immigrant Council of Ireland in addition to the link to the INIS site above: http://www.immigrantcouncil.ie/images/stories/Factsheet_3_-Family_Unity_Irish_Nationals1.pdf

    The info relevant to your query is on page 7: ► Persons who are ‘de-facto’ or cohabiting partners of an Irish national.

    I would add that the INIS tends to write back to people asking for even more dated documentation to prove that the relationship has existed for two years. Keep records!


  • #14
    Claire McCarthy Cork
    Banned (with Prison Access) Posts: 28 ✭Claire McCarthy Cork


    PS As already alluded to above, because of our divorce system, it is not unusual for an Irish person to still be married, even after that relationship has long since ceased to be actually existing (or "de facto"). I presume that you intend to provide all that information in your application cover letter. I would assume that having a legal separation would demonstrate that the first relationship no longer exists in reality. It may also explain why you have to apply as a "de facto" couple rather than as a married one.


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