There are an awful lot of people in Ireland, who have committed bigamy and do not know it.
I say this because I have recently had to advise two separate clients that their divorce would not be recognised if it ever came before a court in Ireland and as a result, their second marriage will not be recognised here in Ireland.
For instance it is relatively easy to obtain a divorce in most of the states in the US.
In many of the states in the US, you only have to be resident in the State for six months prior to making your application for a divorce.
The problem however is that while your divorce might be recognised in the country where you obtained the divorce, that does not automatically mean it will be recognised here. The basic rule in Ireland is that foreign divorces will be recognised here provided one of the parties was domiciled in the country or the State where they obtained the divorce.
This is an extremely complicated area but the one thing that can be said with certainty is that if you are domiciled in Ireland (and by domicile, I do not mean residence) then your divorce will only be recognised in Ireland provided your partner was domiciled in the country where the divorce as obtained.
So what are the consequences if it turns out that your first marriage is still legal and binding? It means that if you die, your present wife is not entitled to automatically inherit and in fact if you died without leaving a will, your first wife – who you may have thought you had divorced 20 years ago or longer – could be entitled to as much as 2/3rd of your estate.
If you have any concerns, check it out with a solicitor.
I say this because I have recently had to advise two separate clients that their divorce would not be recognised if it ever came before a court in Ireland and as a result, their second marriage will not be recognised here in Ireland.
For instance it is relatively easy to obtain a divorce in most of the states in the US.
In many of the states in the US, you only have to be resident in the State for six months prior to making your application for a divorce.
The problem however is that while your divorce might be recognised in the country where you obtained the divorce, that does not automatically mean it will be recognised here. The basic rule in Ireland is that foreign divorces will be recognised here provided one of the parties was domiciled in the country or the State where they obtained the divorce.
This is an extremely complicated area but the one thing that can be said with certainty is that if you are domiciled in Ireland (and by domicile, I do not mean residence) then your divorce will only be recognised in Ireland provided your partner was domiciled in the country where the divorce as obtained.
So what are the consequences if it turns out that your first marriage is still legal and binding? It means that if you die, your present wife is not entitled to automatically inherit and in fact if you died without leaving a will, your first wife – who you may have thought you had divorced 20 years ago or longer – could be entitled to as much as 2/3rd of your estate.
If you have any concerns, check it out with a solicitor.
Kevin Brophy
Brophy Solicitors