Divorce Q's and settlements

Gio2000

Thanks

Pat Mustard

Gio2000 wrote: »

Am I actually leaving this marriage with nothing? Why is there no proper provision for the children ?.

Who told you this?

There are thousands of solicitors who do this work, who would advise properly.

MarkAnthony

The Mustard wrote: »

Who told you this?

There are thousands of solicitors who do this work, who would advise properly.

Are there not domicile and jurisdictional issues? Genuine question; I have absolutely no idea.

Pat Mustard

MarkAnthony wrote: »

Are there not domicile and jurisdictional issues? Genuine question; I have absolutely no idea.

Yes.
Brussels II Regulation

Jurisdiction
The Regulation does not set out one general rule about jurisdiction in matrimonial matters. It provides that you may take a matrimonial action in the courts of the member state where one or both of you are or were habitually resident or the member state of your common nationality or your common domicile. This means, of course, that it may be possible to take the action in a number of states. The Regulation provides that once proceedings have started in a particular member state, other states must refuse jurisdiction. The Regulation does not deal with the question of which law applies. This is a matter for the member state that has jurisdiction. For example, most countries other than Ireland and the UK apply the law of the country of habitual residence of the parties while Ireland and the UK apply the law of the country of domicile.

If the shares are in Irish companies, and if the husband is here, it may be worth talking to a family lawyer here.

Pro Hoc Vice

Gio2000 wrote: »

Hi, I'm here to ask a few specific opinions in a legal context on my impending separation divorce.
Currently living in another EU country and have filed for a judicial separation.
The marriage has broken down becuase of my Ex's infidelities. He has left the family home and is living at an unknown location. We have been married over 15yrs with children.
I worked in the home the majority of our marriage,since he made it impossible to keep a fulltime job.This can be corroberated by a previous employer. I had a good job which he asked me to leave as he didn't want to relieve the childminder.I worked to pay the bills when he originally set up the company. Also I have provided money which was supposed to be my inheritance to keep us afloat when he was not earning and studying for a Post grad bus degree.
He is a company director of a successful tech firm in Ireland and here. We have no property and his only asset is the shares in the company.
I have been told that as there is no property even in the divorce settlement eithe rhere or back in Ireland their will be no provision for a family home made. No lump sum or other compensation whatsoever.
Is this true ? Am I actually leaving this marriage with nothing? Why is there no proper provision for the children ? Also should mention that he is defaming me to work colleagues and friends at the same time.He is saying that he was physically abused and that I am obviously crazy in a nutshell.

I don't really understand, as I take from your post that on the one hand an asset exists (shares) and on the other no assets "there is no property".
If assets exist then they go into the pot no matter where the separation or divorce is done, and if necessary the court will decide on how such assets are split. (Remember income into the future and pensions can be split). If on the other hand the family unit has no assets, then its simple after separation the two units of the family will have to be supported by SW.

Just as an aside (and you would not think it to look at family law cases) we have a no fault divorce system. Not legal advice but for your own sanity and well being best to put as much of this sorry situation behind you as quickly as possible, that does not mean walk away but it means try and sort out you and the children as quickly as possible by becoming as independent as quickly as possible.

Mr. Incognito

Speak to a laywer. Not an internet forum.