The simple answer to this question is yes, subject to certain conditions having been met.
The first condition is that the foreign divorce must be recognised in Ireland. As a general rule, a foreign divorce will only be recognised if it can be established that when the foreign divorce was obtained, one of the spouses was domiciled in the jurisdiction in which the divorce was obtained. If it is the case that the foreign divorce is deemed not recognised in Ireland, then either of the parties can initiate divorce proceedings in Ireland.
On the other hand, if the divorce proceedings are recognised in Ireland, then an application can be brought under Section 23(3) of the Family Law Act 1995, seeking orders in relation to property, maintenance, pensions, and any other matters as if the divorce was initiated in Ireland.
There are certain conditions that need to be met, and there is a jurisdictional requirement set out in Section 27, i.e., that one of the parties must be domiciled in Ireland at the time of seeking relief, or ordinarily resident, or have a beneficial interest in property in the state.
Procedure:
The party seeking relief has to bring an ex parte (one side only) application seeking permission to bring the application seeking relief, and then, if relief is given, then the formal application can be made by way of lodging the relevant papers in the Court office.
For any advice or assistance on this or any other family law matter, please do not hesitate to contact one of our family law solicitors, Brendan Dillon, Emma Dillon, Alice Downey, or Simone Murray on 01 296 0666.
