NON – EU DIVORCES AND THEIR RECOGNITION IN IRELAND

It is becoming apparent that the Civil Registration Service is refusing to recognise more and more non EU Divorces. This is often based on their belief that the evidence provided to them does not unequivocally point to the conclusion that either party to the divorce had the required domicile.

So what is domicile and why is it relevant?

Domicile is a complex legal concept based on the notice of a person’s permanent home. Generally there are three types of domicile. An individual is born with a domicile and this is called their domicile of origin. If a child is born into a married couple his/her domicile is that of their father. If the child is born into an unmarried couple then the domicile is that of their mother. Domicile of dependency attaches to minors and again is determined in the same manner as domicile of choice which is dependant upon where that person’s home is. Domicile of choice is particularly interesting in that it can vary from one area to another depending on the movements of the person and it is in this context that the factual circumstances of the person in question are important. The relevant legislation in Ireland is the “Domicile and Recognition of Foreign Divorces Act, 1986”. Section 5 (1) of this act states that “ a divorce will be recognised if granted in the country where either spouse is domiciled”.

Generally no issues arise where either spouse is born in a country and continues to reside there at the time the divorce application was made. However, difficulties do arise where either spouse may be a national of a country but no longer reside there. In those circumstances the Civil Registration Service often require proof that while the person may not have been living in that country they were deemed to have retained their domicile there. Proofs to be given to the Registration office include bank accounts, family connections, property and of course your intentions of returning to that country in the foreseeable future.

If the Civil Registration Office has refused to recognise your Divorce whether it is a EU or non-EU Divorce then please feel free to contact me at laura[at]brophysolicitors.ie and we can discuss the options open to you.

Laura Gillen
Brophy Solicitors