Recognition of Foreign Divorces in Ireland
If you obtained a divorce outside Ireland, you may need to establish whether that divorce is legally recognised in Ireland.
This can arise where one or both former spouses now live in Ireland, wish to remarry, are involved in Irish family law proceedings, or where questions arise concerning succession, pensions, property or marital status.
The rules governing recognition of foreign divorces in Ireland can be complex. The applicable rules depend on matters including the country in which the divorce was obtained, the date of the divorce, the circumstances connecting the spouses with that country and, in some cases, the nature of the divorce proceedings.
O’Connor & Bergin Solicitors advises clients on the recognition of foreign divorces in Ireland and on applications to the Irish courts where a formal declaration concerning marital status is required.
Is my foreign divorce recognised in Ireland?
There is no single rule that applies to every foreign divorce.
Different legal rules may apply depending on where and when the divorce was granted. These can include Irish legislation, EU law and rules concerning domicile and recognition of foreign judgments.
For example, under the Domicile and Recognition of Foreign Divorces Act 1986, a foreign divorce falling within that regime may be recognised where either spouse was domiciled in the country granting the divorce at the date the divorce proceedings were instituted.
Specific rules also apply to certain divorces obtained in the United Kingdom and Gibraltar. For divorces falling within section 7 of the Family Law Act 2019, recognition can be based on specified connections including habitual residence or domicile.
It is therefore important to consider the particular circumstances of the divorce rather than assuming that a divorce obtained abroad will automatically be recognised, or will not be recognised, in Ireland.
Why does recognition of a foreign divorce matter?
Whether a foreign divorce is recognised can become important in a number of circumstances.
A person may need to establish their marital status before remarrying. Recognition can also become relevant in subsequent family law proceedings and in matters involving succession, pensions, property or the administration of an estate.
Where there is uncertainty about whether a foreign divorce is recognised, obtaining legal advice at an early stage can help establish the person’s legal status in Ireland.
Applying to court for recognition of a foreign divorce
Where recognition is uncertain or disputed, it is possible to apply to the Irish courts for a declaration concerning marital status.
Section 29 of the Family Law Act 1995 allows the court, in appropriate circumstances, to declare that a divorce, annulment or legal separation obtained under the civil law of another country is or is not entitled to recognition in Ireland. The legislation also sets jurisdictional requirements for bringing such an application.
Whether a court application is necessary will depend on the circumstances of the individual case.
What documents will be required?
The documents required will depend upon the country and circumstances of the divorce.
It will generally be important to obtain the foreign divorce decree or other official evidence of the divorce. Information may also be required concerning the marriage, where the parties were living at relevant times and their connections with the country in which the divorce was obtained.
Where documents are not in English, appropriate translations may also be required. Court rules concerning applications following foreign divorces expressly contemplate verified translations of foreign decrees where necessary.
We can advise on the documentation required once the circumstances of the particular divorce have been considered.
Foreign divorces and financial relief in Ireland
Recognition of the divorce does not necessarily mean that every financial issue between former spouses has been finally determined for Irish purposes.
Part III of the Family Law Act 1995 provides, in certain circumstances, for applications for financial relief in Ireland following a divorce or legal separation obtained outside the State. Separate jurisdictional and other statutory requirements apply to such applications.
We can advise on whether these provisions may be relevant where a foreign divorce has financial or property consequences in Ireland.
Recognition of UK divorces in Ireland
The rules applying to divorces obtained in England and Wales, Scotland and Northern Ireland require particular attention because the legal framework has changed over time.
The Family Law Act 2019 contains specific provisions governing recognition of certain UK divorces following the UK’s departure from the European Union. The applicable rules therefore depend in part on when the divorce was obtained.
We can advise on the recognition in Ireland of divorces obtained in the United Kingdom and the documentation required to establish marital status.
Solicitors for Recognition of Foreign Divorces in Ireland
O’Connor & Bergin Solicitors has a long-established family law practice and advises clients on international and cross-border family law matters.
If you have obtained a divorce outside Ireland and need advice on whether it is recognised here, contact O’Connor & Bergin Solicitors. We can review the circumstances of the divorce, advise on its recognition under Irish law and, where necessary, advise on an application to the Irish courts for a declaration concerning marital status.