We frequently come across situations where clients are seeking to remarry having been divorced in another jurisdiction. In order for the Registrar of Marriages in Ireland to accept that a foreign divorce is valid, it has to be satisfied that one of the parties to the divorce was domiciled in the jurisdiction in which the divorce was obtained.
This can sometimes be problematic, particularly if one is relying on the fact that the clients’ spouse was the person who was domiciled. If the parties cannot satisfy the test of domicile, then it may necessary to apply for a fresh divorce in Ireland.
Under the Family Law Act 1995 a party can apply to the court in Ireland, to seek a Declaration that a divorce is entitled to recognition within the state.
If we can be of any assistance in this regard, please do not hesitate to contact one of our family law solicitors on 01 296 0666.
