Amicable and mutual separation...what next?

120_Minutes

My wife of 5 years and I separated a month ago, instigated by her, but neither of us were happy. She moved out immediately.

No Kids, No mortgage (renting), no shared debts. It has been fair and amicable, and she has agreed to pay for the divorce.

Now the questions:

She's american and we were married in america, so all we have is a state marriage cert, we never did anything over here, save for the legal immigration channels. She plans on becoming a citizen.

Do we have to do anything here to get a divorce? or is it all taken care of stateside?

Do we really have to get a solicitor involved? we've nothing to fight over.

I want to let the revenue know as we were jointly assessed for tax, and not that i'm living in our apartment alone and paying all the bills (we always split all bills/rent 50/50) the possibilty of paying less tax will help with my belt tightening, i just dont know if informing revenue will hurt her chances of applying for citizenship (i'm not that vindictive)

should i tell revenue or not?


Thanks.

Taltos

OP - in fairness when you start dealing with questions on citizenship or tax there is no harm in just having an initial consult with a solicitor to get some guidance. Far better to have all the cards laid out in front of you now than to stumble at the last minute.

The charter here has some links, have a review of the citizen's advice bureau, they have a faq that may address some of your queries.

desbrook

I'm not dealing with your American/Irish stuff as I'm afraid of straying into legal which we can't do here OP .

However I'm sure it's ok to talk about Revenue . Yes you MUST tell Revenue if you have separated and immediately . However they have a reputation for being understanding around the fact that often people record the change in their circumstances later than they should so a month will probably be fine . Please note that it's not a charter to leave it as long as you feel like .

The joint assessment situation may seem rather strange to you . Basically you can keep jointly assessment once you BOTH wish it to remain - even if you are separated (informally/legally) or divorced !! The key is you must both wish it to remain so . Either of you has the right to end it - the same as with any married couple . In short marraige gives you the right to be jointly assesed if you both wish with separation or divorce not automatically losing you that right .

My hunch is that you will not pay any less tax - you may even pay more by being singley assessed so be careful . Time to move maybe ?

120_Minutes

desbrook wrote: »

My hunch is that you will not pay any less tax - you may even pay more by being singley assessed so be careful . Time to move maybe ?

Thanks for the reply

There is a possibilty of a transfer/promotion at work which will mean moving to dublin, possibly by the end of the year, so i'd like to stay where i am. plus its a nice flat!

i'll talk it over with herself and we may stay joint assessed, esp if it means saving money.

desbrook

120_Minutes wrote: »

Thanks for the reply

There is a possibilty of a transfer/promotion at work which will mean moving to dublin, possibly by the end of the year, so i'd like to stay where i am. plus its a nice flat!

i'll talk it over with herself and we may stay joint assessed, esp if it means saving money.

Grand - just remember it's a right of yours and hers to opt out of joint assessment at any time i.e. you don't commit for a set period . Many opt for single assessment so the other side can't see their earnings easily . This may be of interest to you .

Ken.

Just want to add, if you decide to go for a divorce in Ireland in 4 years time being jointly assessed for tax might mess things up. You and your ex have to show ye were separated for the 4 years just to get the ball rolling.

desbrook

ken wrote: »

Just want to add, if you decide to go for a divorce in Ireland in 4 years time being jointly assessed for tax might mess things up. You and your ex have to show ye were separated for the 4 years just to get the ball rolling.

The Revenue can note that you are "de facto" separated while still jointly assessing you . Once again that right cannot be extinguished except by the the parties themselves .
The parties here though are unlikely to wait four years as American law seems likely to prevail if they wish . It may also allow a "clean break" which Irish law does not allow .

Ken.

desbrook wrote: »

The Revenue can note that you are "de facto" separated while still jointly assessing you . Once again that right cannot be extinguished except by the the parties themselves .
The parties here though are unlikely to wait four years as American law seems likely to prevail if they wish . It may also allow a "clean break" which Irish law does not allow .

AH cool, I thought it might affect the op. Glad it doesn't.

120_Minutes

desbrook wrote: »

It may also allow a "clean break" which Irish law does not allow .

Yes. thats what we're hoping.

desbrook

120_Minutes wrote: »

Yes. thats what we're hoping.

You probably don't feel like it now but you are in fact very lucky . A lot of Irish separated couples would give their right arm for a "clean break" . Hope it all works smoothly .

120_Minutes

desbrook wrote: »

You probably don't feel like it now but you are in fact very lucky . A lot of Irish separated couples would give their right arm for a "clean break" . Hope it all works smoothly .

Oh we both fully realise how lucky we are. shes taking care of divorce preceedings so we'll leave everything as is untill we can confirm a clean break can be done.