# Remarrying in Ireland after foreign divorce



## europhile (13 Aug 2006)

Myself and d'other half, let's called him Michael to make things simpler are thinking of getting married to "regularise" things.

Michael had previously been married in Ireland about 25 years ago. He and his wife then separated. A couple of years later (about ten years ago), she went to live and work in London and they obtained a divorce when she was there with Michael supplying a friend's London address as he was living in Dublin at the time.

Michael's ex-wife came back to live in Ireland after a couple of years and the question I am asking is - is this divorce recognised in Ireland as his wife wasn't "domiciled" in England?

Any help would be appreciated?


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## ClubMan (13 Aug 2006)

Anything useful on ? In particular





> *A foreign divorce*
> 
> If you have a foreign divorce, you will have to supply a copy of 		  the Divorce Decree Nisi and Absolute. If the divorce decree is in a foreign 		  language, you must provide an English translation certified by a relevant 		  official body or recognised translation agency.
> Not all foreign divorces are recognised under Irish law. A foreign 		  divorce will only be recognised in Ireland if _at least one spouse was 		  "domiciled" in the state that granted the divorce when the 		  proceedings started. _You may have to provide good evidence that this 		  was the case and, therefore, that the divorce is valid_ under Irish 		  law._
> ...


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## europhile (14 Aug 2006)

Thanks for that. It's much as I suspected. I knew that used to be the case but wasn't sure if it had been relaxed in recent years.

It might be easier to get married abroad than go through that rigmarole.


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## mf1 (14 Aug 2006)

If the Registrar will not accept that the UK Divorce is valid, I'm not sure if Michael is free to marry you - either here or in any jurisdiction. 

If your partner and his ex wife are on good terms, why don't they just do a simple Irish Divorce? Its quite common for one party to agree to "run" the proceedings with the other consenting either personally or through lawyers. I have also run an "either/or" case in circumstances very similar to what you describe i.e. either the UK divorce is valid or the Court will grant an Irish Divorce. 

mf


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## ClubMan (14 Aug 2006)

Does an _Irish _divorce not mean that, under _Irish _law and unlike in some other jurisdictions, each spouse will still retain the right to certain claims on the assets of the other even after the divorce - i.e. no "clean break" divorce in _Ireland _as per a recent thread here on _AAM_? Might that not complicate matters even more? I suspect that independent, professional legal advice might be in order.


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