Recognition of Foreign Divorce in Ireland
Under Irish law the recognition of a foreign divorce is governed by The Domicile and Recognition of Foreign Divorces Act, 1986 and The Brussels II regulation 2001 (Brussels II bis)
Procedure
An Irish court requires proof that both parties to the divorce were domiciled resident in the country where the divorce was granted and when the proceedings were first issued, before granting a Declaration as to the Recognition of the Foreign Divorce. This is of particular importance in relation to divorces granted in non-EU member states.
Automatic Recognition
The automatic recognition of a divorce, separation or nullity granted in another EU member state is provided for by the Brussels II bis which states that judgments given in other EU can be should be recognised in all EU member states in certain circumstances. Please read more about Relief post Foreign Divorce in relation to situation where it still may be necessary to apply to Irish courts for certain reliefs in relation to child maintenance, custody or in relation to property located in Ireland.
Domicile means the person being domiciled in the country that they were born in or if they have emigrated, the country where they currently reside and intend to reside permanently or at least indefinitely.
If either party resides in Ireland, it is important that the divorce is valid under Irish law in the event of any issues arising which may require application to the court to have any orders granted at the time the divorce enforced or indeed to make additional orders.
The Court can deal with a range of issues such as custody and access, maintenance, property, succession rights and Pensions in the context of recognition proceedings. Our experienced team can guide you through the process.
What Is Important
Of significant importance is that in the event of either party remarrying and failing to secure a Declaration of Recognition from the Irish courts, the new spouse may not have any entitlements in relation to inheritance and the ex-spouse could benefit substantially.