Ireland Divorce

IRISH DIVORCE LAW

In Ireland, the Divorce Act requires that (a) the parties have lived apart for at least four of the five years before proceedings are issued. This does not necessarily mean that they were living in separate houses; (b) at least one of the parties is domiciled in the Republic of Ireland or has lived there for a year before starting the action; (c) there is no reasonable prospect of reconciliation and (d) both parties, as well as any children, are properly provided for.

Another possibility is to seek a decree of nullity, which means that the marriage never existed. The most common ground for a decree of nullity is that, at the time they married, the spouses were unable to "enter into and sustain a normal marital relationship". Such a claim is normally based on the psychological condition of one or both spouses. A decree of nullity allows people to marry other people, as if the former "marriage" never existed. There is no minimum waiting time and it may provide a way to avoid the financial burden of a divorce.

Domicile and Recognition of Foreign Divorces Act of 1986

Section 5. Recognition of foreign divorces.

(1) For the rule of law that a divorce is recognised if granted in a country where both spouses are domiciled, there is hereby substituted a rule that a divorce shall be recognised if granted in the country where either spouse is domiciled.

(2) In relation to a country which has in matters of divorce two or more systems applying in different territorial units, this section shall, without prejudice to subsection (3) of this section, have effect as if each territorial unit were a separate country.

(3) A divorce granted in any of the following jurisdictions?

(a) England and Wales,

(b) Scotland,

(c) Northern Ireland,

(d) the Isle of Man,

(e) the Channel Islands,

shall be recognised if either spouse is domiciled in any of those jurisdictions.

(4) In a case where neither spouse is domiciled in the State, a divorce shall be recognised if, although not granted in the country where either spouse is domiciled, it is recognised in the country or countries where the spouses are domiciled.

(5) This section shall apply to a divorce granted after the commencement of this Act.

(6) Nothing in this section shall affect a ground on which a court may refuse to recognise a divorce, other than such a ground related to the question whether a spouse is domiciled in a particular country, or whether the divorce is recognised in a country where a spouse is domiciled.

(7) In this section "divorce" means divorce a vinculo matrimonii; "domiciled" means domiciled at the date of the institution of the proceedings for divorce.

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