Divorce, Alimony and Permit

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Yvie
Indlæg: 5
Tilmeldt: 29.07.2019 11:36:15

Divorce, Alimony and Permit

Indlæg af Yvie » 29.07.2019 12:24:06

Dear members,
Thank you in advance for this channel.
I have a few questions regarding my situation under family reunification. I am not from EU, we have been married for almost 3 years.
We have bought a house together and no kids. I have been studying full time.
We are at the start of the divorce process.

What rights do I have in regards to alimony/ spousal support? On the ground of property bought together?

Once we get a divorce can I get re-married under the same permit (ends in 2023), how much time is it allowed ín between from divorce to another marriage( under family reunification)? And what could be the possible challenges legally?

I'm also considering work permit, should I get a job soon, what are the grounds to be given a work permit?
Thanks
Y

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce, Alimony and Permit

Indlæg af mh » 29.07.2019 22:13:36

If you did not make a pre-nup or after marriage a nuptial agreement, and the male spouse was residing in DK at the time of entering into marriage, you will have the Danish matrimonial property regime.

An example of how that is:

Husband's assets: (cash in bank, movables and a half share of real property) 2.000.000 DKK
Husband's debts: (car loan, mortgage, creditcard etc.) 1.900.000 DKK

Husband's 'positive assets': 100.000 DKK

Wife's assets: cash, movables, half share of real property: 1.500.000 DKK
Wife's debts: (mortgage, creditcard, study loans) 1.700.000 DKK

Wife's positive assets: 0 DKK

Husband must give half of the value of his positive assets to wife: 50.000 DKK
Wife has no positive assets to share.

Debts are not shared.

Each party is entitled to the movables bought in his/her name. If both spouses' names are on the title deed, they have equal rights to a real property.

The spouses have to agree who gets to keep the real property (in your case house), and hope that the bank(s) and other creditors will agree to let the spouse who gets to keep it become the sole debtor. If they and/or the bank(s) and other creditors can't agree, the house will have to be sold.

As for alimony/spousal support, you will most likely have no claim at all. In DK it is extremely unusual that anyone gets alimony if the spouses are under 65-70 years old, of normal health, both have a source of income, and they have been married for less than 20 years.

If the marriage has lasted many years and/or there is a great gap between the income of one and the income of the other, and this gap is caused by the marriage (one spouse has been mainly stay-at-home spouse), it is possible that 'Familieretshuset' will decide on alimony.

In your case alimony will probably only be be awarded if you have no income, and then for a maximum of three years (the length of your marriage).

At the moment you cannot get a work permit, as you already have residence permit and thus work permit.

Your chances of getting a residence/work permit after divorce depends on your education. A fresh job will not give you much chance to keep your residence permit after divorce. An exception is if you can get a job on the 'positive list': https://www.nyidanmark.dk/en-GB/You-wan ... itivlisten
mh

uidroot
Indlæg: 174
Tilmeldt: 08.04.2015 02:41:56

Re: Divorce, Alimony and Permit

Indlæg af uidroot » 29.07.2019 22:57:32

is your marriage of EU or danish rules? are there any rule changes for not able to keep the residence permit after divorce?

DortheM
Indlæg: 463
Tilmeldt: 01.06.2017 09:09:56

Re: Divorce, Alimony and Permit

Indlæg af DortheM » 29.07.2019 23:55:08

If you remarry you have to apply for family unification with your new partner.

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Divorce, Alimony and Permit

Indlæg af mh » 30.07.2019 07:21:24

In principle you can marry the same day divorce is granted/decided by the court. In practice it would take a little longer, but will be doable before the immigration office reacts on the information (which they automatically get) that you are divorced and thereby lost the basis for your residence permit. Getting remarried is no guarantee that you will keep your residence permit, but gives basis for application for a new.

You should check the information available here: https://familieretshuset.dk/en/your-lif ... nd-divorce

I can advice you also to seek legal advice at a 'RETSHJÆLP' office. If you have no or low income (less than 329.000 DKK/year) you are entitled to free legal advice and assistance.

It is possible that you have a 'Retshjælpsforsikring', it would be in your family insurance policy, check that out.

Googl 'retshjælp' to find a 'Retshjælp' office close to where you live. The people working as advisors at legal aid offices all have at least a bachelor-of-law, and can write applications and other communications for you, but they are not attorneys and thus cannot represent you in court or come with you to the 'Familieretshuset'.

Some law offices offer free legal advice. The 'Retshjælp' will be able to give you addresses for them. These offices will accept to handle 'fri proces'-cases. An attorney will assist you in a 'fri proces' application and represent you in court.

http://www.civilstyrelsen.dk/da/Fri_proces/English.aspx
mh

Yvie
Indlæg: 5
Tilmeldt: 29.07.2019 11:36:15

Re: Divorce, Alimony and Permit

Indlæg af Yvie » 30.07.2019 13:14:13

Thank you very very much for the detailed information, truly appreciate.
Just for clarity about the work permit, if my job type is not on the positive list i cannot request for conversion of permit from family reunification to work?;(
Thanks again for this info.
Best
Y
mh skrev:
29.07.2019 22:13:36
If you did not make a pre-nup or after marriage a nuptial agreement, and the male spouse was residing in DK at the time of entering into marriage, you will have the Danish matrimonial property regime.

An example of how that is:

Husband's assets: (cash in bank, movables and a half share of real property) 2.000.000 DKK
Husband's debts: (car loan, mortgage, creditcard etc.) 1.900.000 DKK

Husband's 'positive assets': 100.000 DKK

Wife's assets: cash, movables, half share of real property: 1.500.000 DKK
Wife's debts: (mortgage, creditcard, study loans) 1.700.000 DKK

Wife's positive assets: 0 DKK

Husband must give half of the value of his positive assets to wife: 50.000 DKK
Wife has no positive assets to share.

Debts are not shared.

Each party is entitled to the movables bought in his/her name. If both spouses' names are on the title deed, they have equal rights to a real property.

The spouses have to agree who gets to keep the real property (in your case house), and hope that the bank(s) and other creditors will agree to let the spouse who gets to keep it become the sole debtor. If they and/or the bank(s) and other creditors can't agree, the house will have to be sold.

As for alimony/spousal support, you will most likely have no claim at all. In DK it is extremely unusual that anyone gets alimony if the spouses are under 65-70 years old, of normal health, both have a source of income, and they have been married for less than 20 years.

If the marriage has lasted many years and/or there is a great gap between the income of one and the income of the other, and this gap is caused by the marriage (one spouse has been mainly stay-at-home spouse), it is possible that 'Familieretshuset' will decide on alimony.

In your case alimony will probably only be be awarded if you have no income, and then for a maximum of three years (the length of your marriage).

At the moment you cannot get a work permit, as you already have residence permit and thus work permit.

Your chances of getting a residence/work permit after divorce depends on your education. A fresh job will not give you much chance to keep your residence permit after divorce. An exception is if you can get a job on the 'positive list': https://www.nyidanmark.dk/en-GB/You-wan ... itivlisten

Yvie
Indlæg: 5
Tilmeldt: 29.07.2019 11:36:15

Re: Divorce, Alimony and Permit

Indlæg af Yvie » 30.07.2019 13:16:06

We were married under danish rules. I'm uncertain about any change of rules.
Y
uidroot skrev:
29.07.2019 22:57:32
is your marriage of EU or danish rules? are there any rule changes for not able to keep the residence permit after divorce?

Yvie
Indlæg: 5
Tilmeldt: 29.07.2019 11:36:15

Re: Divorce, Alimony and Permit

Indlæg af Yvie » 30.07.2019 13:17:13

Thank you, good to know.
Do you know if there is any time limit in between?
Y
DortheM skrev:
29.07.2019 23:55:08
If you remarry you have to apply for family unification with your new partner.

Yvie
Indlæg: 5
Tilmeldt: 29.07.2019 11:36:15

Re: Divorce, Alimony and Permit

Indlæg af Yvie » 30.07.2019 13:21:25

That's good to know,thank you once again.
I will check out the 'Retshjælp' see how I can proceed from there. 8)
Y
mh skrev:
30.07.2019 07:21:24
In principle you can marry the same day divorce is granted/decided by the court. In practice it would take a little longer, but will be doable before the immigration office reacts on the information (which they automatically get) that you are divorced and thereby lost the basis for your residence permit. Getting remarried is no guarantee that you will keep your residence permit, but gives basis for application for a new.

You should check the information available here: https://familieretshuset.dk/en/your-lif ... nd-divorce

I can advice you also to seek legal advice at a 'RETSHJÆLP' office. If you have no or low income (less than 329.000 DKK/year) you are entitled to free legal advice and assistance.

It is possible that you have a 'Retshjælpsforsikring', it would be in your family insurance policy, check that out.

Googl 'retshjælp' to find a 'Retshjælp' office close to where you live. The people working as advisors at legal aid offices all have at least a bachelor-of-law, and can write applications and other communications for you, but they are not attorneys and thus cannot represent you in court or come with you to the 'Familieretshuset'.

Some law offices offer free legal advice. The 'Retshjælp' will be able to give you addresses for them. These offices will accept to handle 'fri proces'-cases. An attorney will assist you in a 'fri proces' application and represent you in court.

http://www.civilstyrelsen.dk/da/Fri_proces/English.aspx

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