Divorce can be complex at the best of times, but when one or both spouses have lived abroad, matters can become even more complicated. A common question we hear is: ‘If I got divorced outside Ireland, can I still apply for orders after a foreign divorce in the Irish Courts – such as property division, maintenance, or pension adjustment orders?
The simple answer is yes, in certain circumstances. Irish law provides a mechanism for spouses who obtained a foreign divorce to still seek financial or child arrangement orders in Ireland, provided specific legal conditions are met.
Orders in Family Law After Divorce
In family law, the Court can make various legally binding orders to regulate matters between spouses after a divorce. These include:
- Property Adjustment Orders – transferring ownership of the family home or other property
- Financial Orders – providing ongoing financial support for a former spouse or children
- Pension Adjustment Orders – dividing pension benefits between spouses
- Child Related Orders – for residence, contact and other specific arrangement
- Domestic Violence Orders – such as protection, safety and barring orders
- Other Ancillary Orders – dealing with lump sum payments, inheritance rights or debts
These orders are designed to ensure a fair financial outcome following the breakdown of a marriage.
Recognition of Foreign Divorces in Ireland
Before applying for financial orders, the Irish Courts must first determine whether the foreign divorce is recognised in Ireland.
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A foreign divorce will generally be recognised if, at the time it was granted, one of the spouses was domiciled (legally resident with the intention to remain) in the country where the divorce took place.
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If the foreign divorce is not recognised in Ireland, then either party may still initiate fresh divorce proceedings in Ireland.
Applying for Financial Relief After a Recognised Foreign Divorce
If the foreign divorce is recognised, then a spouse may apply to the Irish Courts for financial orders under Section 23(3) of the Family Law Act 1995.
This allows the Court to deal with financial issues as though the divorce had been granted in Ireland. The Court can therefore make decisions about:
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Division of property in Ireland
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Spousal maintenance
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Pension entitlements
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Any other financial matters arising from the marriage
Jurisdictional Requirements – Foreign Divorce
To apply for relief in Ireland, there must be a connection to the State. Under Section 27 of the Family Law Act 1995, one of the following must apply:
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One of the spouses is domiciled in Ireland at the time of the application, or
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One of the spouses is ordinarily resident in Ireland, or
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One of the spouses has a beneficial interest in property in Ireland
Without meeting one of these jurisdictional requirements, the Irish Courts cannot hear the application.
The Procedure for Applying for Orders
The application process involves two steps:
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Ex parte application – The spouse seeking relief first applies to the Court for permission to bring the case (one side only).
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Formal application – If permission is granted, the formal application can be made by lodging the relevent papers in the Court office to proceed.
This process ensures that the Irish Courts only deal with cases that have a genuine connection to the State.
Why Legal Advice Is Essential
Applications for financial orders after a foreign divorce are highly technical, involving both Irish and international law. Each case is unique, and the Court will carefully examine jurisdiction, recognition, and fairness before making any orders.
If you are divorced abroad but have assets, property, or ties in Ireland, it is vital to seek specialist family law advice to understand your rights and options.
Family Law Solicitors in Dublin
At Dillon Solicitors LLP, our experienced family law team regularly advises clients on complex cases involving foreign divorces and applications for financial relief in Ireland.
Contact Brendan Dillon, Emma Dillon, Alice Downey or Simone Murray on 01 296 0666 or email info@dillon.ie for clear and confidential advice.
