The media is currently filled with discussion of marriage rights and recognition, not least because of the historic US Supreme Court ruling yesterday on the Defence of Marriage Act in California. Marriage is something that is deeply ingrained in religion and culture and marriage practices vary around the world. In Ireland, the struggle for marital […]
Many of our clients seek advice regarding the legality of divorces acquired outside of Ireland. The legality of foreign divorces can often be quite a complicated point of law. In some cases, a declaration to confirm the validity of the divorce is required. This must be sought through the family law Circuit Court in Ireland. […]
Over the years I have been involved in many cases where my client, usually the wife, believes that her husband has far greater assets than he says he has. However, it can often be impossible to prove that the husband has these assets offshore or if he has transferred them into the name of a […]
I remember reading an article in a magazine some years ago that talked about some of the reasons couples decided to separate and ultimately get divorced in Ireland. One of the main causes for a relationship breakdown as set out in that article was debt. It suggested that debt was the main factor in what […]
One could be forgiven for thinking that a “limping marriage” is a term used to describe a marriage in serious difficulties or a symptom of an injured marriage! However the term “limping marriage” developed as a result of marriages being recognised in one EU country and not in another. Prior to 2005, different approaches taken […]
It is becoming apparent that the Civil Registration Service is refusing to recognise more and more non EU Divorces. The refusal is often based on their belief that the evidence provided to them does not unequivocally point to the conclusion that either party to the divorce had the required domicile. So what is domicile and […]
I often find myself quoting relevant legislation to clients and then suddenly pulling myself back and realising my clients are not legally trained and as such have no idea what I am talking about! This was brought home to me recently when I brought my car to the garage and after 10 minutes of talking […]
NON – EU DIVORCES AND THEIR RECOGNITION IN IRELAND It is becoming apparent that the Civil Registration Service is refusing to recognise more and more non EU Divorces. This is often based on their belief that the evidence provided to them does not unequivocally point to the conclusion that either party to the divorce had […]
Many people believe that all foreign divorces are recognised in Ireland. This is not the case. Prior to the Family Law Divorce Act, 1996, the recognition of foreign divorces was dependent on the question of “domicile”. Domicile is different to residence and generally refers to the country where you were born or the country where […]
A Pension is considered an asset of a separating couple. The court can order that a pension be divided into whatever shares it considers appropriate or necessary. This is order is known as a Pension Adjustment Order. The most common example is where one spouse has a substantial pension and the other spouse has none. […]
A person is entitled to apply to the Irish courts for a divorce if they are domiciled in Ireland at the date on which proceedings issue or if either of them have been ordinarily resident in Ireland for a period of one year prior to the institution of proceedings. In any application for divorce, the […]
Divorces obtained in the EU countries (apart from Denmark) have been subject to the provisions of the Brussels II Regulations since 1st March 2005. Accordingly, any person seeking a divorce in any country in the EU will have to show either:- That the spouses are habitually resident in that country, or The spouses were last […]
