Divorce and aftermath

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mh1
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Re: Divorce and aftermath

Indlæg af mh1 » 01.03.2018 13:38:10

It is no longer so that you have to get separated before you can divorce.

If both of you want to divorce, you can be divorced without separation. If you don’t agree, you must be separated first, but if you agree to divorce before the 6 months are out, you can divorce immediately.

Separation is not divorce, and will never automatically become divorce. I would, however, advice you NOT to start any separation or divorce proceeding until after the three years are out. Better safe than sorry.
mh
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uidroot
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Re: Divorce and aftermath

Indlæg af uidroot » 04.05.2018 20:25:34

hello again
my ex partner wants divorce before 3 year short of one month. what are my options i think she doesnt like the fact i can stay after divorce so she is so pushing for divorce before 3 year. should i pack my stuff

uidroot
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Re: Divorce and aftermath

Indlæg af uidroot » 06.05.2018 19:34:24

How do you prove that we are separated for 2 years. Do they check common address? or just take by word

mh1
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Re: Divorce and aftermath

Indlæg af mh1 » 08.05.2018 14:31:24

Do you mean in order to get divorce without separation?

If so, they will check the cpr-register. You will also be asked, and held responsible for whether you answer truthfully.

If your spouse has left the country, it should be easy to prove desertation.
mh
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uidroot
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Re: Divorce and aftermath

Indlæg af uidroot » 08.05.2018 15:04:47

Hi
SInce you can get divorce without separation and if ex insists that I can see you could only get if you lived apart for 2 years or some form of violence. Does septation process counts towards divorce proceedings?

mh1
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Re: Divorce and aftermath

Indlæg af mh1 » 08.05.2018 20:33:50

A legal separation will give right to divorce after only six months.

A merely factual separation has to have lasted two years, AND has to be caused by disagreement in order to be grounds for divorce.

Factual separation as well as that it was caused by disagreement must be proven. If you and your spouse have agreed to live separatedly, it is not grounds for divorce.
mh
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uidroot
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Re: Divorce and aftermath

Indlæg af uidroot » 09.05.2018 00:34:55

My final question regarding marriage lasting 3 years. If we apply for separation before 3 years and got divorce after 3 years. Will it count as 3 years completion before divorce proceedings?
Regards

mh1
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Re: Divorce and aftermath

Indlæg af mh1 » 09.05.2018 14:34:41

I actually don’t know whether the new division of assets-rule will change the interpretation.

The old rule for division of assets was that the cut-off date was when separation or divorce was granted. The new rule is that the cut-off date is the date of application for separation/divorce without prior separation.

My legal reasoning is that the cut-off date for assets can influence the ‘cut-off’ date of the marriage.
mh
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uidroot
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Re: Divorce and aftermath

Indlæg af uidroot » 10.05.2018 03:23:10

so divorce with 6 month sepration is safe bet?

mh1
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Re: Divorce and aftermath

Indlæg af mh1 » 10.05.2018 16:26:58

I think it would be wiser.
mh
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V13
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Re: Divorce and aftermath

Indlæg af V13 » 17.01.2021 21:48:24

Dear community ,
First of all that you for for all of you advise time and knowledge.

I’m about to get a divorce with a Danish husband. We have been married since 2014 and I got my residence card in April 2015. (Family reunification) I have 5 modules of danish and a one person company(which is not making enough money to self support at the moment)
We have not lived together for a year, and I’m currently working with a contact in Eu.
My questions;
1) can I apply for permanent residence under 5 year Eu rule after the divorce, or must it be before. Will it be revoked or rejected of we apply for divorce in parallel?
I have been in denmark for 7 in total.

2) when the letter of ‘re-voking ’ my family reunification status comes. Will my history in EU make a difference.

3) i have been in eu for almost 6 month, is there any way for me to proceed with having papers in Denmark after the divorce? I’m currently in a relationship with another Dane, but as mentioned before in another Eu country.

4) will my company be able to proceed if my papers are revoked.

5) can I apply for permanent residence AFTER the divorce? And would a new contract in a eu country count as proof of self support or it will be tax statements from before?

Please advise ASAP.

Thank you so much in advance. Sending good energy your way.

skaanebo
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Re: Divorce and aftermath

Indlæg af skaanebo » 18.01.2021 13:01:01

If you hold a residence permit issued under national Danish laws, your EU status and EU laws will not be relevant at all. You must fulfil the requirements under Danish laws. Also, please note, you can only have residency in 1 country within the EU, so a residence and work permit to another country would be equal to you having left Denmark and hence, you cannot apply under Danish laws anymore if you have actually moved to another EU country.

V13
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Re: Divorce and aftermath

Indlæg af V13 » 19.01.2021 13:51:36

temporary residency issues under Danish laws, as result of family reunification. I want to apply for permanent residence under EU law, because I have lived in the EU way over 5 years. Wouldn't the permanent residence issues in any country work in another? That doesnt make sence. I'm working in another EU country, but still paying taxes in DK.

Please advise.

skaanebo
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Re: Divorce and aftermath

Indlæg af skaanebo » 19.01.2021 14:01:01

EU is not a country, every country has its own specific laws.

If you hold a EU residence card (given under EU laws, not national laws), then you qualify under EU laws for a permanent residence card but only if you have stayed in the same EU country for an unbroken 5 years in a row.

You cannot simply move across borders and think that you can keep your original EU resisence card from another country. You start over again if you move to another country. And again, it doesn't sound like you qualify since you do not have any EU residence card, you only have a national Danish residence permit. So only the Danish laws apply to your case.

Besvar