International Family Law

Family law increasingly crosses national borders. A couple may have married abroad, one spouse may live outside Ireland, children may have connections with more than one country, or family assets may be located in several jurisdictions. In these circumstances, questions can arise about which country’s courts should deal with a case and how decisions made in one country will be treated in another.

O’Connor & Bergin Solicitors has a long-established family law practice advising clients on international and cross-border family law matters. David Bergin SC, who has specialised in family law since 1980, is a Fellow of the International Academy of Family Lawyers (IAFL), an international association of specialist family lawyers.

We advise on matters including cross-border divorce and jurisdiction, recognition of foreign divorces and orders, international child abduction, relocation and financial cases involving assets or parties in more than one country.

International cases can involve the interaction of Irish family law with EU law, international conventions and the laws and courts of other countries. Early legal advice can be particularly important where more than one country may have jurisdiction or proceedings have already begun abroad.

Cross-Border Divorce and Jurisdiction

Where spouses have connections with more than one country, one of the first questions may be where divorce or separation proceedings should be brought.

Issues of jurisdiction can arise where spouses live in different countries, have moved between countries during their marriage, married abroad or have property and other assets located internationally.

Determining jurisdiction at an early stage can be particularly important where proceedings could potentially be brought in more than one country.

We advise clients on jurisdiction in divorce and separation proceedings involving Ireland and other countries and, where necessary, work with lawyers in other jurisdictions.

Recognition of Foreign Divorces in Ireland

If you have obtained a divorce abroad, questions may arise as to whether that divorce is recognised in Ireland.

The rules governing recognition can depend on matters including where and when the divorce was obtained and the circumstances connecting the spouses with the country in which the divorce was granted.

Whether a foreign divorce is recognised in Ireland can have important consequences, including for remarriage, succession and subsequent family law proceedings.

Where the status of a foreign divorce is uncertain or disputed, it may be necessary to obtain a declaration from the Irish courts concerning its recognition.

We can advise on whether a foreign divorce is recognised in Ireland and on the appropriate steps where a formal determination by the Irish courts is required.

International Child Abduction

International child abduction cases can arise where a child is removed from one country to another, or retained in another country, in circumstances which may breach another person’s rights of custody.

Ireland is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention provides an international framework for dealing with the wrongful removal or retention of children between contracting states.

These proceedings can be urgent and are different from ordinary disputes about custody or access.

We advise on international child abduction cases involving Ireland and other jurisdictions and on applications under the Hague Convention.

International Relocation and Children

International family law issues can also arise where a parent wishes to move with a child from Ireland to another country or where a proposed move to Ireland is disputed.

Where parents or guardians do not agree about a proposed relocation, legal advice should be obtained before the child is moved.

Questions concerning guardianship, custody, habitual residence and jurisdiction may arise, and the circumstances of the particular child and proposed relocation will be important.

We advise parents on international relocation and other cross-border disputes concerning children.

Recognition and Enforcement of Foreign Family Law Orders

An order made by a court outside Ireland may sometimes need to be recognised or enforced in Ireland. Equally, an Irish family law order may need to take effect in another country.

The rules and procedures which apply will depend upon the type of order, the country involved and the relevant Irish, EU or international legal framework.

We can advise on the recognition and enforcement in Ireland of foreign family law orders and work with lawyers in other jurisdictions where necessary.

International Assets and Complex Financial Cases

Divorce and separation can become particularly complex where spouses own assets in more than one country.

International cases may involve foreign property, businesses, investments, pensions, trusts or other assets. Questions can arise concerning disclosure and valuation of those assets as well as the effect and enforceability of orders across different jurisdictions.

Our family law team advises on complex financial cases and can work with foreign lawyers, accountants, valuers and other professional advisers where a case involves assets or legal issues in several jurisdictions.

Working with Lawyers in Other Countries

International family law frequently requires lawyers in different jurisdictions to work together.

Where appropriate, we can liaise with family lawyers and other professional advisers outside Ireland so that the Irish and foreign aspects of a case are considered together.

David Bergin SC’s membership of the International Academy of Family Lawyers provides the firm with connections to a worldwide network of lawyers specialising in family law. The IAFL’s own materials demonstrate the breadth of international family-law work undertaken by its Fellows, including child abduction, relocation, jurisdictional disputes and recognition and enforcement of foreign orders.