Non eea Divorce from eea spouse

Guerro · Post by **Guerro** » Mon Nov 14, 2011 10:44 pm

Obie wrote:
Guerro wrote:
3. I don't understand the last question, which court will ask for Permanent residence, or working? if it is the district court you are referring to, then you don't need to worry a lot.

No need to start panicking. In the end, you will find it is not worth the worry.

I mean if my application is rejected and I appeal and go to court and the court ask me for evidence that she is either pr holder or working, I wouldn't be able to summon her to a hearing as I won't have her new address. am I going to be in a trouble?

Secondly, what is a district court? I have no clue about the british jurisdiction system. am I going to deal with a district court or upper tribunal or first tier?

Post by **Obie** » Tue Nov 15, 2011 8:49 pm

Guerro how can you talk about appeal when you have not even applied yet , nevermind being rejected. I was referring to the divorce court.

Relax and cross each bridge when you get to them.

You may have sufficient evudence, but we will wait and see after the divorce

Guerro · Post by **Guerro** » Tue Nov 15, 2011 10:40 pm

Thanks Obie. I am a bit unsecure nowadays as I have lost my full time job just today and I have to temp till I get a permanent job.
everything is happening at the same time in a negative way!

Guerro · Post by **Guerro** » Wed Dec 07, 2011 9:50 pm

just an update to my case,

wife filed for divorce last week and we were in a bit of good terms. now, we are in bad terms and she said she will do everything possible to ruin my life ( she mentioned too many things like if i have a gun, i will kill you). she said she will write to home office and tell them we started divorce and i should be deported on the first ship, coach or flight possible. she said one of her friends wrote to home office that her marriage was one of convenience and home office deported her husband and she will do this to me!

she called few hours ago and asked me to pay her around 3 to 4 thousand pounds i owe her as the first 6 months in the uk she was paying the rent in full. she said she will mention that to the court as well. i was planning to give her her money back after divorce and getting a new job, but now she is putting me under pressure while i am temping and looking for a permanent job at the same time.

what is going to happen if she mentions that i owe her money to the court? will her letter to home office have any serious impact on me? now it is very clear i will never get any help from her, do i stand a chance in retention?

i am really confused and stressed and don't know what to do, so please help

Post by **Obie** » Thu Dec 08, 2011 1:45 am

Guerro try not too get too worry. Many estranged spouses tend to do this or behave in this manner. Dont allow yourself to be blackmailed. Her letter to HO will have no effect on your ability to secure your residency. Try and stay relaxed and focused.

Amarula · Post by **Amarula** » Thu Dec 08, 2011 10:01 am

Guerro wrote:

what is going to happen if she mentions that i owe her money to the court? will her letter to home office have any serious impact on me? now it is very clear i will never get any help from her, do i stand a chance in retention?

i am really confused and stressed and don't know what to do, so please help

Nothing will happen. basically in a similar situation what did it for me (he didn't want to give me papers too) I applied for financial disclosure to court and he gave all papers the day before the hearing (he didn't believe I would do that)

So if she's not cooperative you can always drag her through courts. At the worst she will have to present evidence of her working in court (that is much better than nothing).

Guerro · Post by **Guerro** » Thu Dec 08, 2011 10:53 pm

I have the feeling that she only wants to give me tough time, maybe that's why she is talking about money ( at the moment I lost my job) as well as immigration ( as we are divorcing).
she is planning to raise the financial issues to the court and I don't know how it works.
what is a financial disclosure? how to get it?

Thanks

Guerro · Post by **Guerro** » Wed Apr 11, 2012 9:08 pm

Dear all,

Ex wife swore an affidavit at court two weeks ago and I received a letter from the court stating a date for an Order of Costs. what is this order of costs? and should I or her attend?

Many thanks

Post by **Obie** » Thu Apr 12, 2012 1:32 am

I believe this will deal with financial issues and sharing of assets.

Guerro · Post by **Guerro** » Thu Apr 12, 2012 9:19 pm

Obie wrote:I believe this will deal with financial issues and sharing of assets.

We don't have any assets (property, cars or stock shares) we just have money in banks (we don't have a mutual bank account).

So, what type of financial issues will be discussed or shared?

Her salary and savings are twice as mine, when I called her today she said she was paying in the household more than me and I should pay back. She said if I don't appear at court or make arrangements to pay her back she will report me to the police. I have bank statements showing that I paid half the rent for two years (inclusive of bills) and bills for the first year but not rent.

Is it going to stop or delay divorce? should I appear in front of the court?
I am so confused and I don't know what to do

Kitty · Post by **Kitty** » Fri Apr 13, 2012 9:41 am

Guerro, have you taken any legal advice on the divorce process yet? I don't think members on this forum can advise you on the court process, especially if you and your ex aren't in agreement over the terms of the divorce.

At the very least, do take the papers you have received down to your local Citizens Advice Bureau so you can get some guidance about what stage you are at and when/if you might need to attend court or provide evidence.

Post by **Greenie** » Fri Apr 13, 2012 10:30 am

Guerro wrote:Dear all,

Ex wife swore an affidavit at court two weeks ago and I received a letter from the court stating a date for an Order of Costs. what is this order of costs? and should I or her attend?

Many thanks

this will relate to an order of costs for the divorce proceeding-i.e. Who should say pay for the costs of the proceedings. It doesn't relate to the division of financial assets unless one of you has made an application for ancillary relief.

In an uncontested divorce each party will usually pay their own costs. Theres a good forum where you can get advice on divorce-

www.wikivorce.com

i agree with kitty you need to seek legal advice as you seem to be going into this blind.

Post by **EUsmileWEallsmile** » Fri Apr 13, 2012 5:04 pm

Guerro, you brought all this up last October. You need legal advice, not people's opinion on a forum. Get yourself sorted, man for your own sake.

Guerro · Post by **Guerro** » Fri Apr 13, 2012 10:49 pm

Thanks eusmileweallsmile, kitty and obie for your help. I am trying to avoid solicitors as much as I can. As I know my ex she is not really after money, all she wants to do is to break me and mess my life.

@ Greenie: I gave my ex £340 to pay the divorce fees which she did. if this order of costs is related to the £340 and if worse comes to worst and she denies I gave her the money, I don't mind paying again just to get rid off her.
I didn't apply for ancillary relief and I believe if she did, I would have heard from court. The letter I received is called "certificate of entitlement to a decree" stating the 14th May for the pronouncement of the decree. the letter states that none of us has to attend unless s/he opposes to the order of costs or wants to defend
Does that letter indicate any sharing of assets or ancillary relief?

Thanks

Guerro · Post by **Guerro** » Sun May 20, 2012 12:27 am

Dear all,

Just a quick update, I have just received decree nisi stating that I can apply for decree absolute after 6 weeks and 1 day.

Fingers crossed!

Guerro · Post by **Guerro** » Sat Jul 14, 2012 7:42 pm

An update to my case:

Decree Absolute issued in July 2012, I have just received it

Post by **Obie** » Sat Jul 14, 2012 8:40 pm

That is good. You now qualify to apply to retain your right of Residence.

Guerro · Post by **Guerro** » Sun Jul 15, 2012 2:58 pm

I am in the process of starting a new job and I need to renew my bank cards which will expire in Sept/Oct and I will need my passport a lot. So, I will apply in Oct/Nov, is that ok or should I apply straight away right now?
Thanks

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Non eea Divorce from eea spouse