Hi, What are the rules for foreigners to divorce in the following situation:
Husband has Permanent Residence now in Denmark but has passport from India. Wife, also Indian, is on Spouse (Dependent Visa) and never been on job in Denmark. They have no Kids. Marriage was held in India under Muslim Panel Court.
Now the husband wants to divorce his wife and will marry some other girl in future and will bring her to Denmark as Spouse.
Can he register divorce in India and submit the Divorce certificate in Denmark to remove his wife as his Spouse?
OR
He needs to apply divorce here in Denmark?
Note: Wife has already moved back to India and not willing to come back although her visa is still valid for one year.
Thanks.
Divorce Rules for Foriegners in Denmark
-
mh1
- Indlæg: 10609
- Tilmeldt: 25.09.2007 11:20:33
- Geografisk sted: Istanbul, Tyrkiet/Tyskland
- Kontakt:
Re: Divorce Rules for Foriegners in Denmark
The husband can apply to Statsforvaltningen for divorce (see: http://www.statsforvaltningen.dk/site.aspx?p=6388) OR he can sue for divorce in India.
If he chooses to sue in India, he must have the decision legalized, before it can be submitted for registration in DK. The DK authorities will examine whether the decision can be recognized in DK. Only after DK authorities have accepted the Indian decision as valid, will he be able to legally re-marry and get his new wife to DK. If he is not registered as divorced in DK, but re-marries in India notwithstanding, he will according to DK law have committed bigamy, and will not be given permission to bring his new wife.
If he chooses to sue in India, he must have the decision legalized, before it can be submitted for registration in DK. The DK authorities will examine whether the decision can be recognized in DK. Only after DK authorities have accepted the Indian decision as valid, will he be able to legally re-marry and get his new wife to DK. If he is not registered as divorced in DK, but re-marries in India notwithstanding, he will according to DK law have committed bigamy, and will not be given permission to bring his new wife.
mh
Rådgiver for ÆUG
Rådgiver for ÆUG