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Urgent Help Needed with Divorce Case

Forum to discuss all things Blarney | Ireland immigration

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Jenny-79
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Urgent Help Needed with Divorce Case

Post by Jenny-79 » Sun Jan 22, 2012 9:44 am

Hi All, First of all i would appreciate its a great forum & i would need some help if you could assist me please.

Here is the scenario:

Please Note: In my case there is NO issue with immigration. I am looking for assistance with divorce.

I am from India & my Ex-Husband is French. We got married in Denmark 12 years ago and we moved to Ireland. Things didn't worked out between us and we got separated 1 year ago. As ireland have a long divorce process. We went to India & with the consent of both parties we got court divorce in India last week. Now my question is: " If i want to get married again would my Indian divorce be accepted in Ireland" Do i need to apply for any king of equivalency ?

Please advice & thanks in advance.

Kind Regards,
Jenny

Ben
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Post by Ben » Sun Jan 22, 2012 10:10 am

I *believe* that the divorce would be recognised legally in Ireland, so long as it is recognised legally in the country of issuance. I.E., it is in fact a legal divorce and not just a religious divorce.
I am no longer posting publicly on this website - PM me if needed.

Irisheddy
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reply

Post by Irisheddy » Sun Jan 22, 2012 5:09 pm

I disagree. If this was the UK that would apply.

I'm afraid it will not apply in Ireland because the divorce laws are more strict. In order for the divorce to be recognised in ireland, one of the parties would have had to be domiciled in India at the time of the divorce which is not the case

Ben
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Post by Ben » Sun Jan 22, 2012 6:43 pm

Ah, there we go then. Apologies OP.
I am no longer posting publicly on this website - PM me if needed.

Jenny-79
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Post by Jenny-79 » Sun Jan 22, 2012 7:59 pm

Thanks Irisheddy & Ben for the reply.

Do you know if there is any authority / department where i can go to get a clear picture of my situation ? At the moment i don't know where i stand.

Thanks
Jenny

zafarzafar80
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Post by zafarzafar80 » Sun Jan 22, 2012 8:01 pm

I am not sure but there should be an authority / department who can validate the foreign divorce. I would say divorce & family law is very poorly described in irish law.

Muttsnuts
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Post by Muttsnuts » Sun Jan 22, 2012 9:21 pm

zafarzafar80 wrote:I am not sure but there should be an authority / department who can validate the foreign divorce. I would say divorce & family law is very poorly described in irish law.

If you need advice you should contact FLAC or AIM legal services. Your divorce won't be recognised under Irish law as it is. I would disagree that divorce and family law are poorly described in Ireland. Divorce and other family proceedings are court proceedings and so you should get the advice of a professional, i.e. a solicitor

Irisheddy
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options

Post by Irisheddy » Mon Jan 23, 2012 6:51 pm

You still have several options open to you.
1. You could go to the Family Law Court, engage the services of a barrister to request that your divorce be ratified as legal in ireland. this will be expensive and there is no guarantee of success
2. You could get a legal divorce as far as ireland is concerned.
3. You could get married in a country where your current divorce is recognised as legal. Cheapest option but may cause problems if you intend living in ireland because marriage may not be recognised.

IQU
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Post by IQU » Mon Jan 23, 2012 11:50 pm

indian divorce is recongisned in ireland .but you have to get the appostille stamp from indian embassy in dublin.www.indianembassydublin.com

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