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Ashbourne: 01 835 2027
Ashbourne: 01 835 2027
Under Irish law, foreign divorces are recognised if both spouses were domiciled resident in the particular jurisdiction or state of the court granting the divorce at the date of the beginning of the proceedings. The law concerning the recognition of foreign divorces The Domicile and Recognition of Foreign Divorces Act, 1986 governs the recognition of foreign divorces. In addition, Brussels II bis provides a uniform set of rules for automatic recognition of divorces, separation and nullities granted in the courts in other EU Member States. The recognition of foreign divorce is based on satisfying formal jurisdiction criteria. If the foreign court did not properly have jurisdiction over the couple, that court did not have jurisdiction to grant the divorce and the law of that country is irrelevant. A divorce granted by a court with insufficient jurisdiction over a couple to divorce them will always be decided by Irish law. The meaning of Domicile Domicile is a complicated legal concept. Stated very broadly, a person is domiciled in the country where he/she is born or, having emigrated, where he/she is resident and intends to reside permanently or at least indefinitely. Pre 1986 rules The pre 1986 rules provided that the recognition of foreign divorce was dependant on the principle of Domicile. A pre 1986 foreign divorce would be recognised once either of the parties was domiciled in the foreign jurisdiction. Application to the court The Family Law Act, 1995 permits the court to seek a declaration that a divorce is entitled to recognition within the state. We can assist in the making of an application to the Court in order to seek a Declaration as to the validity or non-validity of a foreign divorce. Seeking advice on the legal recognition of foreign divorce in Ireland The legal recognition of foreign divorce in Ireland is a complex area of law involving proof of domicile in a country where the divorce has been granted and expert legal of the issues at hand can be provided at Tallans Solicitors (Ashbourne) LLP.
Tallans Solicitors LLP and Tallans Solicitors (Ashbourne) LLP are two of the North East’s largest law firms with offices in both Drogheda and Ashbourne while serving clients nationwide. With us, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.
We understand that most people seeking legal advice regarding family law, have liked experienced a difficult time before they reach out and are cautious as to how long the process of resolving these issues may take. For the majority of cases, mediations take place with the goal of reaching lead to an agreement; therefore the duration is mostly governed by the speed of those mediations. At Tallans, we advise that unless an agreement is distinctly achievable within the first few months, that proceedings are suitable as the court timetable then becomes a factor in the resolution time. As an example, in financial proceedings following divorce, the initial court appointment is marked for 3 months after the issue of proceedings with the court. If an agreement is not reached before that meeting and/or terms are not agreed at court at the appointment, then a further date would be set by the court for roughly 3 months later and so on.
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At Tallans Solicitors (Ashbourne) LLP, we have substantial experience in all aspects of family law. Over the years we have helped hundreds of our clients to resolve difficult situations affecting their families. Our highly skilled solicitors, specialists in the area of family law, have built up a large and successful reputation in this area.
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