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i am English...my husband from whom i am separated almost 3 years is Irish...we got married in Ireland and are legally separated within Irish law...i am now living in England and he has also moved to England to live with his girlfriend...I have a son from a previous marriage...and a daughter from my marriage to him...My daughter was born in England before we were married but holds an Irish passport and we moved there when she was a month old...

what i want to know in a nutshell is whether i can divorce him here in England when we got married in Ireland...and how complicated this could be...would our legal separation agreement count for anything or would we have to start again with everything...if anyone can offer me any advise it would be appreciated...

of course i will see a solicitor...but i just want to know if this can be done from here...Irish divorce is pretty complicated...thank you...;0)

2007-05-01 01:30:42 · 16 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

barrie b...thank you for all the advise...the catholic church has little bearing here as we married in a registry office...and neither he nor i are Catholic...thanks again...;0)

2007-05-01 02:10:25 · update #1

16 answers

I TAKE IT YOU WERE MARRIED IN THE SOUTH OF IRELAND , AND NOT THE NORTH better known as northern Ireland , but is a part of Britain.if you were married in the north you have no problems.
but as it looks to be a marriage in the south , it is mainly the catholic church in Ireland that is the obstacle, but if you have been separated for the governing period of 2 years , and your ex-husband agrees , then you have no problem in obtaining this divorce, even without his consent , you of course have now got grounds on adulterer, but you do not require to go down that road, for you are legally separated for over 3 years , and your local d.h.s.s. officers etc will be part of that proof, go to a solicitor , you can get legal aid if on any government grants etc , child tax credits etc.
with regards to your child having a Irish passport , this is nothing to worry about, for your child is in the position that she/he can hold a Irish passport plus obtain a british passport , something that i would advice you do , when ever you get over your present problem.
I must tell you that within the catholic church , you will never be reconized as devorced , but this is only in the eyes of the church, not the law of the land , and if you re-marry the catholic church would not re-marry you. this also goes for your ex-husband to be.
the name of the child can only be changed with the fathers permission only , in case this is something you are also considering.
i hope i have helped a little , but do not get yourself annoyed about the eposode for it is a simple thing you do.

2007-05-01 02:02:31 · answer #1 · answered by barrie b 3 · 1 0

I don't even want to tell you what I think. You guys that are verbally and emotionally abusive are the worst for thinking that the person you so badly mistreated owes you another chance! Why should anyone help you get that from her? You were right, Not only should it never have gotten to this point but it wouldn't have had you cared a little and love means caring a lot. You couldn't find enough love in your heart for that woman to just speak to her decently, address her concerns, but all of a sudden over night you've grown some undeniable love and understanding for her and want to make her happy? I'm not buying it, and I hope she doesn't either. I still love the man I divorced 5 yrs. ago but I would never take him back! We can continue to love a person even after we learn to accept that they have no such feelings for us! It doesn't mean much.

2016-05-17 23:11:48 · answer #2 · answered by ? 3 · 0 0

If your seperation in Ireland is legally a "divorce action pending", you are already getting divorced in Ireland and cannot file anywhere else.

If it is purely a "seperation agreement", you may be able to take that as grounds and a basis for a divorce in England or anywhere else.

If you are both willing to relocate the "divorce action pending", you can petition the Irish judge for permission to do that, usually.

Divorce is expensive - try to talk through the options for keeping it reasonable for both of you with your husband, if that's possible.

2007-05-01 01:41:20 · answer #3 · answered by Sarah B 2 · 0 1

seek the advice of a solicitor, this is too complicated to try and sort out by yourself, and in the U.K. most solicitors will give a half hour free of charge at the first meeting. as for the marriage being disolved in england im sure you can do it, but i think it would have to be on the fact of adultery as your ex is living here with a woman. please go and get legal advice. good luck xx

2007-05-06 19:36:53 · answer #4 · answered by JOJO 4 · 0 0

I think its where you got married - I got married in Scotland and when I applied for divorce ex had moved to England but needed a Scottish lawyer for the divorce.

2007-05-01 02:03:32 · answer #5 · answered by Jackie M 7 · 0 0

I am pretty sure that you can only divorce him in a country where one of you is resident. Under English law, I think that you have to be legally separated for two years before a divorce is finalized

2007-05-01 01:52:52 · answer #6 · answered by Wiseyngsoul 3 · 1 0

There should not be any difficulty in getting a divorce,contact the Irish embassy in England and get the ball rolling...all the best.

2007-05-08 08:24:47 · answer #7 · answered by Granny 5 · 0 0

My ex was married in Scotland and divorced in Ireland (he and his ex were both Irish). I am sure that you can get divorced over here as Ireland is classed as United Kingdom

2007-05-01 02:50:05 · answer #8 · answered by cavviecath 3 · 0 0

Talk to a divorce attorney or whatever the English equivalent is. I'm sure they'll answer a few questions like that for free. -yk

2007-05-01 01:34:34 · answer #9 · answered by Yaakov 6 · 0 0

This is complicated. Too complicated for here. Get a solicitor.

2007-05-01 01:33:50 · answer #10 · answered by luckford2004 7 · 0 0

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