It is understandable why some couples seek a divorce order in other countries. In Mauritius for example once you have been married for 2 years you can make an application for a Divorce by mutual consent and the only criteria is that you must wait 3 months from when the application was made to when the Divorce Order is given. Of course for that divorce to be recognised in Ireland issues relating to domicile must be taken into consideration.
I have been quite successful in recent applications to the courts to have divorces obtained in EU and non- EU countries recognised in Ireland. However the question of relief orders following divorces outside the State is one that is cropping up more frequently. Many clients think that because they obtained a divorce or separation outside of Ireland then they are not entitled to make an application for ancillary orders. This is not so.
When a foreign divorce or separation is recognised in the state, section 23 of the Family Law Act, 1995 enables the Court to make a whole range of ancillary orders similar to that which are available had you received your divorce or separation in Ireland. It is important to note however that a spouse who has remarried cannot apply for relief under section 23.
The purpose of section 23 is to provide for a situation where an Irish Court feels that the outcome achieved in foreign proceedings has been unfair or unjust and no remedy is available to the applicant within the foreign jurisdiction.
However the Court may only make a relief order where it is satisfied that pursuant to Section 27, Family Law Act, 1995:
1. Either of the spouses was domiciled in the State at the date of the application for relief, or was so domiciled on the date the foreign divorce or legal separation took effect; or
2. Either of the spouses was ordinarily resident in the State throughout the period of one year ending on either of the dates aforesaid; or
3. Either of the spouses had a beneficial interest in land situate in the State on the date of the institution of the proceedings.
If you have queries relating to divorces or separations outside the state, please feel free to send me an email on laura[at]brophysolicitors.ie
Laura Gillen
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