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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Obie wrote:The process of obtaining retention are very similar in the UK and Ireland.
However Irish law is a bit more lenient than British law.
Under the British system you are required to show that you spouse was working or exercising treaty right up to the point of divorce, Irish law does not provides this.
The Irish court has ruled that a person is to be given reasonable time to make an application for retention, following the departure of the spouse to another country where it is easier to obtain a divorce than Ireland. So you spouse can obtain a divorce from another EEA country and you will be fine.
See Regulation 10 2(b)
Also see Lahyani
CalvinKlien wrote:Yes, divorce from your spouse EU country would be recognized in Ireland. There is only one requirement that one of the spouse should be domiciled in the country of divorce and you need an address in her home country.
There are solicitors in Ireland who can help you with the divorce and you both doesn't have to travel there, but they will cost you alot. On the other hand you and your spouse can mutually agree to go to her country and get a solicitor there and do the job there and than.
Also get Apostille of the divorce certificate by the Consular Department of the Ministry of Foreign Affairs from the country of divorce.
The solicitor who helped in divorce can do the job for you and will charge you some money for that, may be 100 Euros. The Apostille (Stamp on the divorce certificate) fee is 10 Lats but the solicitor know that you need it that's why he can rip you off.
I would recommend the Apostille but it is not necessary if you want to use the divorce cert in the DOJ but on the safe side Apostille would help in case you ever want to get married..
CalvinKlien wrote:If you proceed with the divorce procedure with mutual agreement and things are clear like no property issue, no childens or children's maintenance issues, no fighting on other things, You should have at least one address in Latvia (should be your wife's address). In other words if every thing is clear between u and ur wife the divorce should be finalized with in 2 months.
Once the judge accept the divorce, there will be 30 days period in which you or ur wife can go back to the court and change decision, the 30 days is a kind of cooling off period, any party can contact the court to reverse the divorce.
Make sure u get a good solicitor, otherwise a bad solicitor will make ur life hell. Also when dealing with him make sure u ask him for the Apostille of divorce certificate from Consular Department of the Ministry of Foreign Affairs Riga Latvia (you will need the Apostille at later stage if u ever want to get married).
Discuss all the cost and particularly ask if there is any hidden charges. Make the payment in two installments, one start of the process and one when the divorce process is finished. Pay extra few hundreds but get a good solicitor.
Hope the above explanation will help. Any question do let me know.