I am an Irish national, and my wife is a Polish national. We got married in Sweden 6 years ago. I was living there for some time. She was living and working there in Ireland. After marriage, I joined her in Ireland as we decided to live in Ireland. After many years living together, things changed between us and at this point we both want divorce through mutual consent. We do not have any kids involved, neither any property, etc. In Ireland there is a legal requirement to wait for four years, at least, before any divorce proceeding can take place. In our situation we can not wait so long, so I would like to ask where we can file for a quick divorce. For example, can we file for divorce in any other EU country?
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2No, I don't think you can simply pick a convenient EU country, at least not without making that country your place of residence. Poland might be an option based on your wife's citizenship but rules are complex and you should probably hire a lawyer to figure it out.– GalaCommented Jul 13, 2015 at 7:19
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3See also europa.eu/youreurope/citizens/family/couple/divorce-separation/…– SztupY ♦Commented Jul 13, 2015 at 10:54
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1 Answer
You cannot simply pick a convenient country. Since several countries are involved, EU rules apply. The conditions are complex but one of you must in any case be a resident in the country where you will file for divorce.
Also note that the rules governing the divorce are not necessarily the rules from the country where you can file. It means that, in some cases, the four-year delay mandated by Irish law could be binding for other EU courts, even if you move abroad and become eligible to file for divorce in your new country of residence. You really need a lawyer to figure this out.
