Immigration protection for Indian spouse going through a divorce in Germany

36 posts in this topic

7 minutes ago, kapil354 said:

German judge would apply Indian marriage law if you got your marriage registered in India. So, depending on the religion - marriage law can change in India. If its a Hindu marraige then German judge in German court would apply Hindu marriage law. More experienced and legally aware folks could please correct me if I got this one wrong.

I am not knowledgeable on these specifics, but I find very, very strange that a German court would rule based on foreign law. I think you are wrong.

Example: a muslim women not being allowed to divorce.

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21 minutes ago, kapil354 said:

You could still take your valuable stuff and get an airbnb.

 

Only if she has access to her own money. These kind of men usually control everything.

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2 hours ago, fraufruit said:

Do you have your own, separate bank account?

Yes I do. Fortunately he is not controlling my bank account. He just want me to be seperated. Someone said that 48k is very good salary but it is gross. 1900 per month is not enough for survival in Airbnb. Well living in the same house has not been annoying but so dangerous till now. But I want to understand about my protection under divorce and Immigration law. If I get spouse support till divorce and my marriage expenses refunded, I ll be happy. And if doesn’t hamper my Immigration status, it’s good. If he does something more to torture me in the whole process, i understand but not sure, i can always go and file a police complaint against him, right?

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9 minutes ago, Pratu said:

and my marriage expenses refunded

 

What exactly are these marriage expenses to which you refer? The wedding? Honeymoon? 

 

At most you might expect to get half if you're lucky but I doubt it. It is traditional for the bride's family to pay for the wedding in many places.

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25 minutes ago, Pratu said:

 But I want to understand about my protection under divorce and Immigration law.


Sorry, but there is no protection under immigration law for you. If a foreigner has lived a marriage in Germany for at least 3 years (with a residence permit), the residence permit will be extended. If the separation takes place before the expiry of 3 years, no independent right of residence has arisen. The residence permit will then not be extended or shortened. Therefore you need to change your status. 

 

Quote

 

If I get spouse support till divorce and my marriage expenses refunded, I ll be happy. And if doesn’t hamper my Immigration status, it’s good. If he does something more to torture me in the whole process, i understand but not sure, i can always go and file a police complaint against him, right?

 

You don't go and file a complaint, you call 110 to get immediate help. But that has nothing to do with immigration law. 

 

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2 hours ago, Pratu said:

Someone said that 48k is very good salary but it is gross. 

 

They didn't.  They expressed subjective surprise at the possibility it might atttract spousal support (perhaps also given it's just you, no kids).

 

It's on average German full-time gross salary (49k).   Many single people live on it, or less.    Finding affordable and secure single person accommodation is an area where support services like women's groups and / or migrant groups may help you in transition.   A priority is try to to build savings to manage your transition.   Again, don't tell him.  

 

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German judge would apply Indian marriage law if you got your marriage registered in India.

 

How could they?  I live near a big German law court.  It's a German law court.   They are definitely not delivering the legal systems of 200+ nations.    I bet Indian judges are not applying German law, or Colombian or Filipino or other.   Britons who got married and have children in the UK certainly find different rules here are applied  to them.

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1 hour ago, swimmer said:

How could they?  I live near a big German law court.  It's a German law court.   They are definitely not delivering the legal systems of 200+ nations.  

 

 

If both partners live in Germany then German law is applied by default in a divorce, unless both partners choose to have foreign law applied, or have pre-decided such explicitly as part of a marriage contract (foreign law as in that of the country of nationality or the country of residence of either of the partners). And yes, they do "deliver the legal systems of 200+ nations" in such cases.

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5 hours ago, fraufruit said:

 

Only if she has access to her own money. These kind of men usually control everything.

I just hope we let the police and court decide what the factual situation is. Court doesn’t know anything about these kind of men or these kind of women. Court will go by the facts. That’s what op should secure right now. Two things - own safety and evidences for her claims. Rest all is secondary. 

 

48 k is per year an ok income to get an Airbnb for one month. But then who am I to preach... without having much background of the case.

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1 hour ago, kato said:

 

If both partners live in Germany then German law is applied by default in a divorce, unless both partners choose to have foreign law applied, or have pre-decided such explicitly as part of a marriage contract (foreign law as in that of the country of nationality or the country of residence of either of the partners). And yes, they do "deliver the legal systems of 200+ nations" in such cases.

I call this bullshit. If they want a foreign law to govern them, they can fly to that specific country and divorce there.

There are so many wrong things about this claim...

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3 hours ago, swimmer said:

 

They didn't.  They expressed subjective surprise at the possibility it might atttract spousal support (perhaps also given it's just you, no kids).

 

It's on average German full-time gross salary (49k).   Many single people live on it, or less.    Finding affordable and secure single person accommodation is an area where support services like women's groups and / or migrant groups may help you in transition.   A priority is try to to build savings to manage your transition.   Again, don't tell him.  

 

 

How could they?  I live near a big German law court.  It's a German law court.   They are definitely not delivering the legal systems of 200+ nations.    I bet Indian judges are not applying German law, or Colombian or Filipino or other.   Britons who got married and have children in the UK certainly find different rules here are applied  to them.

There is a process which is followed by the judge before deciding which national marriage law should be applied in Germany. In many cases it’s German law and in other cases it’s foreign law. I know this for a fact. 

 

I do not know the pre conditions. She’ll (might be) be better protected with Indian law as Hindu marriage act has been made to somehow restrict divorce to very few and very rigid conditions. Some lawyers leverage it to slow down the process and annoy the other party. 

 

There’s a German lady lawyer (afghan origin) in Hamburg who knows all this in detail. Op, I can connect you to her or there are lot of lawyers on TT as well - if you prefer.

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17 minutes ago, MikeMelga said:

I call this bullshit. If they want a foreign law to govern them, they can fly to that specific country and divorce there.

There are so many wrong things about this claim...

 

Control yourself. Just because you have no idea, it is not bullshit. Kato is right. In Germany (and numerous other countries), the choice of law for divorce has basically been in place since 2012, when the EU regulation "Rome III" came into force.

 

 

 

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18 minutes ago, kapil354 said:

 There’s a German lady lawyer (afghan origin) in Hamburg who knows all this in detail. Op, I can connect you to her or there are lot of lawyers on TT as well - if you prefer.

This would be much of a help if you can get me her contact. 

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26 minutes ago, MikeMelga said:

I call this bullshit. If they want a foreign law to govern them, they can fly to that specific country and divorce there.

There are so many wrong things about this claim...

Just for your info, it’s such a long process in India that it might take up to 2-3 years. And taking leaves from job and going back again and again there is a hassle. In my case, my husband doesn’t want to go to India at all. If I file from India, it will delay my case and he will easily skip and I wont get my refund also. 

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