divorce advise

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sharlot
Posts: 2
Joined: Tue Dec 10, 2013 9:25 am

divorce advise

Post by sharlot » Tue Dec 10, 2013 10:25 am

Hello,
I am living in Finland less than one year and I need to get some information of foreigner divorce process in Finland who are living with work permission in Finland. Because none of us have a Finnish citizenship so where should we go for asking divorce process in maistraatti or our embassy?

BR - Sharlot



divorce advise

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betelgeuse
Posts: 4559
Joined: Thu Aug 29, 2013 1:24 am

Re: divorce advise

Post by betelgeuse » Tue Dec 10, 2013 4:05 pm

Since you are domiciled here the district court can grant you a divorce. See Section 119 of the marriage act:

http://www.finlex.fi/en/laki/kaannokset ... 290234.pdf

General information on divorce:

http://www.oikeus.fi/17296.htm

You might deal with your embassy also in order to get the divorce (once final) recognized in your home country.

sharlot
Posts: 2
Joined: Tue Dec 10, 2013 9:25 am

Re: divorce advise

Post by sharlot » Wed Dec 11, 2013 9:54 am

the links was so useful. I'd like to add that I don't like to go to divorce really, and he wants it. We have a marriage agreement and I prefer to get divorce in my country and according to my country's law. I'm afraiding in Finland I lose my rights and residency.
Is it possible if he will apply here, I don't accept it or not? May I ask court to refers his application to my country's court of not?

Rip
Posts: 5582
Joined: Tue Dec 30, 2008 12:08 pm

Re: divorce advise

Post by Rip » Wed Dec 11, 2013 2:52 pm

I think you really should consult a lawyer. The English language text is not up to date in all respects. I don't see how you could prevent him getting a divorce under the Finnish law. If your residence permit is based on being his wife, then that could be a problem for you (less so if you have a job).

On the other hand, based on section 129 financial issues are more complicated and not necessarily based on Finnish law. Also the section 126 has part regarding international alimony issues, which would need to be searched from EU legislation. Finally, there is the question whether your home country would respect the authority of Finnish courts regarding assets and rights tied to that country. For that you'd need to know the local law there.

Rip
Posts: 5582
Joined: Tue Dec 30, 2008 12:08 pm

Re: divorce advise

Post by Rip » Thu Dec 12, 2013 9:18 am

private reply sent


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