Brophy's Law Blog
There are two main areas of legislation governing the recognition of foreign divorces in Ireland. If you get a Divorce in a non-EU country or Denmark then the law is as laid out in the Domicile and Recognition of Foreign Divorces Act, 1986. If however you get a Divorce in an EU country then you are subject to the rules of recognition as specified by Council Regulation (EC) 2201/2003 (Brussels II bis).
There are two main areas of legislation governing the recognition of foreign divorces in Ireland. If you get a Divorce in a non-EU country or Denmark then the law is as laid out in the Domicile and Recognition of Foreign Divorces Act, 1986. If however you get a Divorce in an EU country then you are subject to the rules of recognition as specified by Council Regulation (EC) 2201/2003 (Brussels II bis).
Everyday I get queries relating to whether or not Ireland would recognise a Divorce obtained in another country and more often than not the answer is based on whether the person who obtained the Divorce (the applicant) was residing in the country at the time the Divorce was obtained. That is putting it very simply! Habitual residency and domicile are two important terms that need to be considered before making any assessment as to whether Ireland will recognise a foreign Divorce.
Recently however I got an interesting query as to whether Ireland could deem a Divorce obtained in another EU country as invalid! A big problem arose when we discovered that my clients wife, a Latvian national, obtained a divorce in Latvia has since remarried in Ireland. We are arguing that the Divorce obtained in Latvia was invalid for two reasons; firstly our clients wife was living and working in Ireland at the time she obtained the divorce in Latvia. One of the criteria set out in Brussels II bis is that the applicant must be habitually resident in the country where he/she obtained the divorce for a period of 12 months prior to the Divorce, or if a national of that country then habitually resident for 6 months prior to obtaining the Divorce (Article 3) and secondly our client was never served with the Divorce proceedings also a requirement set out in Brussels II bis (Article 22) despite having regular facebook contact with eachother during the course of the proceedings. It will be interesting to see how this turns out and hopefully we will have an answer by late November or December.
Recognising divorces obtained in other countries in Ireland is a complex area and I would strongly advise anyone intending to have a divorce recognised in Ireland as valid or invalid to seek the help of an experienced family law solicitor. If you have any queries about divorces or other family law matters, please do not hesitate to contact me by email at laura[at]brophysolicitors.ie and I will be happy to assist you.
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