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Separation while living abroad.

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  • 15-09-2015 10:58pm
    #1
    unterglayben
    Registered Users Posts: 2 ✭


    I was married in Ireland and moved to Germany soon after. I now realise I made a mistake and want to separate. I came here for work and want to try build a career but even if I was willing to sacrifice my career I cannot leave because we have a small son.

    My question is can anyone provide information on how to begin separation proceedings while abroad? I read online that we have to live apart for 4 years so divorce is not an option as we still live together. I want to know what I can do because if I ask a solicitor to send a letter then my wife (who is not Irish) may not sign or agree to attend any proceedings in Ireland. We have had arguments where we were on the verge of ending it and I think we came back from the brink because of our son. However I need to accept that it is not working and want to figure out how I can arrange to separate. Any advice would be most welcome.
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    #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Have a read of this. It relates to England but is applicable to certain other countries. http://www.brophysolicitors.ie/brophysolicitors/Main/Family_Law_Foreign_Divorces.html

    FAQs
    Q. If I get a divorce in England, will this divorce be recognised in Ireland?
    A. Provided the divorce was obtained legally in England and you complied with all their legal requirements, then almost certainly it will be recognised in Ireland.
    Q. If my foreign divorce is not recognised in Ireland, what are the consequences?
    A. It means you are still married to your first wife and if you married again, then the second marriage will not be recognised.
    Q. If I have to apply to court to obtain a declaration that my foreign divorce is valid, how much will it cost and how long will it take?
    A. If the application to the Circuit Court is straightforward and if a barrister is not required then the fee is generally in the region of €1,500 plus VAT. Certain cases can become complex and time consuming and the fee can increase. The application will generally be concluded within three months provided there is no appeal.


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