Annulment question

artvanderlay · 31-12-2015 5:42pm #1

Hi there,
quick question: my wife is originally from asia, she is a citizen of ireland through naturalization (marriage to me). We are splitting up, after 14 years, and I am thinking of going down the annulment route, but if successful does that mean that they would view it that no marriage took place, therefore she would lose her irish citizenship?

I tried looking this up on citizensinformation but couldn't get a clear answer.

Any advice appreciated.

Ken. · 31-12-2015 6:41pm

Have a read of this. It might answer your question. http://web.dfa.ie/home/index.aspx?id=33744

artvanderlay · 31-12-2015 8:25pm

thanks for the reply ken. It didn't answer my question though. It's an unusual one!

Ken. · 31-12-2015 9:58pm

I found this but its to do with divorce rather than annulment.
http://www.justanswer.com/ireland-law/8aex0-granted-irish-citizenship-marriage-irish.html#re.v/462/

You could ring the INIS to find out. Probably won't be open till Monday.

http://www.inis.gov.ie/en/INIS/Pages/Customer_Services

Telephone Enquiries

We will be available to answer telephone calls during normal office hours (9:15 a.m.–5:30 p.m., Monday to Thursday; 9:15 a.m.–5:15 p.m. on Friday). Our aim is to answer all calls quickly. We will identify ourselves and our area of work. We will be polite and helpful, and do our best to provide our customers with clear and correct information. If we cannot give an answer straight away, we will take the customer's details and call the customer back at a suitable time. We will only connect callers to voicemail when the person they wish to speak to is unavailable, and we will do our best to respond to voicemail messages within one working day.
Main telephone number is 00353- 1 - 6028202/LoCall 1890 221 227
Reception and Integration Agency- 00353 - 1 - 4183200
(Please note that the rates charged for the use of the 1890 (LoCall) numbers may vary among different service providers. It is recommended that you only ring these numbers using a landline as calls made using mobiles may be expensive)

lollsangel · 31-12-2015 10:09pm

On what grounds can you get an annulment after 14 years? I was advised it was better to go down the divorce route. AFAIK as she's an Irish citizen that will not be revoked if your marriage is dissolved.

artvanderlay · 31-12-2015 11:45pm

I'd be looking for an annulment on the grounds of an undiagnosed mental illness (she only got a diagnosis in 2013, but definitely developed it during her teenage years before she ever met me). I don't want her to lose her citizenship, and that is why I am wary of going down the annulment route, but I am thinking we have valid grounds for an annulment and it would speed things up rather than waiting 4-5 years for a divorce.

Cheers again @ken. I'll give the INIS a go when they are back after christmas.

Ken. · 31-12-2015 11:53pm

Have you looked in to the possible costs of annulment?. Experts and all that are going to run you a massive bill I imagine. If your wife fights back it could drag out. Please don't think I'm trying to talk you out of it, just don't end up on the street. Get to a solicitor and get an estimate. Most solicitors will give a first consultation free.

artvanderlay · 01-01-2016 1:04am

I don't think she would fight it but i get what you are saying about costs and all that. Thanks again for the advice - i'll think about what route i want to go.

patsypantaloni · 01-01-2016 1:10am

mental illness won't be enough to get an annulment unless you can show that when you got married that she didn't understand the nature/meaning of marriage; it's a high threshold and the courts have become very strict on it since the introduction of divorce

artvanderlay · 01-01-2016 7:18pm

patsypantaloni wrote: »

mental illness won't be enough to get an annulment unless you can show that when you got married that she didn't understand the nature/meaning of marriage; it's a high threshold and the courts have become very strict on it since the introduction of divorce

Okay, well we did get married after 2 weeks of knowing each other (14 years ago) and she was only 19 at the time, she was under a lot of stress (which I didn't know about then) and in hindsight she was probably in a mixed state of manic depression. Would that be enough to get the ball rolling?

Stheno · 01-01-2016 8:57pm

artvanderlay wrote: »

Okay, well we did get married after 2 weeks of knowing each other (14 years ago) and she was only 19 at the time, she was under a lot of stress (which I didn't know about then) and in hindsight she was probably in a mixed state of manic depression. Would that be enough to get the ball rolling?

Did you get married in Ireland?

lollsangel · 02-01-2016 2:31pm

artvanderlay wrote: »

Okay, well we did get married after 2 weeks of knowing each other (14 years ago) and she was only 19 at the time, she was under a lot of stress (which I didn't know about then) and in hindsight she was probably in a mixed state of manic depression. Would that be enough to get the ball rolling?

I was married less than 2 years to my ex. While I had grounds for an annulment, I was advised to go the divorce route. Annulment can be a more expensive way of dissolving a marriage, and not always faster. In fairness though speaking to a solicitor will give you the right answer for you. You will have to proverify that she knew about this illness but you didn't when you married

artvanderlay · 03-01-2016 2:10am

We got married in the U.S. and she didn't know about the mental illness when we got married.

I'll chat to a solicitor and if it's going to be a hassle we'll just go the separation route I guess.

Thanks again.

Stheno · 03-01-2016 2:13am

artvanderlay wrote: »

We got married in the U.S. and she didn't know about the mental illness when we got married.

I'll chat to a solicitor and if it's going to be a hassle we'll just go the separation route I guess.

Thanks again.

I think that's your best bet to be honest I'm not sure annulment here can be applied to foreign marriages.

Best of luck with it, I hope it goes well

Have you looked into mediation if you do seperate and divorce? If you need any info on it post asking

desbrook · 03-01-2016 11:49am

Stheno wrote: »

I think that's your best bet to be honest I'm not sure annulment here can be applied to foreign marriages.

Best of luck with it, I hope it goes well

Have you looked into mediation if you do seperate and divorce? If you need any info on it post asking

She didn't know about the mental illness when you got married therefore theres no question of concealment/fraud. You then stayed married for 14 years. The staying married and together so long would weaken any annulment argument I imagine. Consult a solicitor but the divorce/separation route seems the only show in town.

artvanderlay · 03-01-2016 5:04pm

Stheno wrote: »

I think that's your best bet to be honest I'm not sure annulment here can be applied to foreign marriages.

Best of luck with it, I hope it goes well

Have you looked into mediation if you do seperate and divorce? If you need any info on it post asking

I think it should be a straightforward enough parting...we have no assets, she is blaming me for everything that has gone wrong in her life and is dying to get away from me. It's part of her illness and the exact same thing has happened before and I'm not going through this again. She is basically a wall at the moment that will not communicate beyond telling me it's over.

desbrook · 03-01-2016 5:59pm

"she is blaming me for everything that has gone wrong in her life and is dying to get away from me"

When a marraige ends the above sentiments are not unique to your situation my friend. Join the club !If you are working and have been supporting her for the last few years you may have a problem though. She may try for and get spousal maintenance. Is she working ?

Annulment question

Comments