Recognition of Foreign Divorce Decrees
The importance of recognition of foreign divorces in Ireland
The recognition of foreign divorces in Ireland is very important to couples whose marriage has broken down prior the introduction of divorce in this jurisdiction in 1996. Many couples who obtained a divorce prior to 1996 may have remarried therefore the validity of the second marriage depends on the validity of the previous foreign divorce.
The recognition of foreign divorce pre-1986 based on ‘Domicile’
The traditional basis for deciding whether a foreign court had jurisdiction to recognise a foreign divorce was if the husband was domiciled in the State where the divorce was, if so then that divorce could be recognised in Ireland. Until 1986 a wife had no independent domicile and took the domicile of her husband.
Domicile and Recognition of Foreign Divorces Act 1986
Foreign divorce is now recognised if granted in a country where either spouse is domiciled.
The recognition of divorces granted in other EU states have now been further altered by the coming into effect of the Brussels II regulation in 2001. There are several grounds of jurisdiction for a foreign counttry to grant a valid divorce or separation as well as ‘domicile’ which are:
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Habitual residence
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Common nationality
A spouse who sets up residence in a particular country with a more favourable divorce regime than this jurisdiction can issue proceedings and have the matter dealt with in that jurisdiction. This has opened the doors to "forum shopping". Time is therefore of the essence when acting for a client in an international case as the client that issues the proceedings first governs the position.