Cross-Border Divorce and Jurisdiction
Divorce can become more complicated when a marriage has connections with more than one country.
One spouse may live in Ireland while the other lives abroad. The couple may have married in another country, lived in several countries during their marriage, or own property and other assets outside Ireland. In these circumstances, questions can arise about where divorce proceedings should be brought and how proceedings in one country may affect proceedings in another.
O’Connor & Bergin Solicitors advises clients on divorce and separation cases involving Ireland and other jurisdictions. We can advise on the Irish aspects of a case and, where necessary, work with family lawyers in other countries.
Can I get divorced in Ireland if I married abroad?
A marriage having taken place abroad does not necessarily mean that divorce proceedings must also take place in that country.
Whether proceedings can be brought in Ireland will depend on the circumstances of the particular case and the connections which the spouses have with Ireland and other countries.
We can advise you on whether the Irish courts may have jurisdiction and on any issues arising from the international aspects of your case.
What if my spouse lives in another country?
It is increasingly common for spouses to be living in different countries by the time a marriage breaks down.
This can raise additional issues concerning divorce proceedings, service of legal documents, children, financial arrangements and the recognition or enforcement of court orders.
If you are living in Ireland and your spouse is living abroad — or if you are living abroad and your spouse is in Ireland — it can be important to obtain advice about the Irish legal position at an early stage.
Which country should divorce proceedings be brought in?
Where a couple has substantial connections with more than one country, questions may arise about which country’s courts can deal with the divorce.
The answer can depend on a number of factors and may require consideration of both Irish law and the law of another country.
The country in which proceedings take place may also have practical implications for the conduct of the case and for related financial or family law issues.
For that reason, where more than one country is involved, it can be sensible to obtain legal advice before proceedings are commenced.
Divorce involving the UK, Europe and other countries
Our family law practice advises on cases involving Ireland and other jurisdictions, including the United Kingdom, other European countries and countries further afield.
Different considerations can arise depending on the countries involved and the particular circumstances of the spouses.
Where advice is also required in another jurisdiction, we can work with family lawyers in that country so that the different aspects of the case can be considered together.
International Assets and Financial Issues
Cross-border divorce cases can also involve financial arrangements spanning more than one country.
These may include homes and other property, businesses, pensions, investments or other assets located outside Ireland.
O’Connor & Bergin Solicitors advises on complex financial issues arising from divorce and separation, including cases involving significant assets and international elements. Where appropriate, we can work with foreign lawyers and other professional advisers in dealing with assets or legal issues outside Ireland.
International Family Law Experience
O’Connor & Bergin Solicitors has a long-established family law practice and advises clients on complex and international family law matters.
David Bergin SC has specialised in family law since 1980 and is a Fellow of the International Academy of Family Lawyers (IAFL), an international association of specialist family lawyers.
Our solicitors advise clients living in Ireland and abroad where a family law matter has an Irish connection.
Cross-Border Divorce Solicitors in Ireland
If you or your spouse lives outside Ireland, you were married abroad, you have lived in more than one country, or your divorce involves assets or other issues outside Ireland, contact O’Connor & Bergin Solicitors to discuss your circumstances.
We can advise you on the Irish aspects of your case and, where necessary, work with lawyers in other jurisdictions.