Divorce Jurisdiction

[I_S]

Hi,

My husband is applying for a divorce in Romania, but we both have been living in Ireland for over a decade and have gone through the naturalisation process and have Irish passports.

He cheated on me for years and now left and is trying to get a quickie divorce in Romania, although we both lived in Ireland continuously. I have included some excerpts from the law, etc. below and they suggest that any such proceedings should take place in Ireland.

My Romanian solicitor is saying that he has the right to get divorced in Romania, but I wish to block this. Does anyone have any advice about this?

Thanks,
Ioana


Is my foreign divorce recognised in Ireland?
If you obtained a divorce while domiciled outside the Republic of Ireland, the decree will be recognised in Ireland. If a person goes to a foreign country merely to obtain a divorce (such as the "quickie divorces" available in some American states), that divorce would not be recognised in Ireland. For further information, see the 1986 Domicile and Recognition of Foreign Divorces Act. Since 1 August 2004, European Council Regulation 2201/2003 has governed the recognition and enforcement of judgments in matrimonial matters throughout the European Union.
Irishbarrister com FAQ


In the vast majority of applications for judicial separation there is no international dimension, but where there is the rules in regard to which country should hear the application are set out in an E.U. Regulation No 2201/2003. The basic rule is that the country where the spouses are habitually resident has jurisdiction to hear and determine the judicial separation application. Any such judicial separation which comes within the provisions of the E.U. Regulation is entitled to recognition and enforcement in all other Member States of the European Union, subject to certain limited exceptions.

Family Lawyers ie website



CHAPTER II
JURISDICTION
SECTION 1
Divorce, legal separation and marriage annulment
Article 3
General jurisdiction
1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State
(a) in whose territory:
- the spouses are habitually resident, or
- the spouses were last habitually resident, insofar as one of them still resides there, or
- the respondent is habitually resident, or
- in the event of a joint application, either of the spouses is habitually resident, or
- the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
- the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her "domicile" there;
(b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the "domicile" of both spouses.
2. For the purpose of this Regulation, "domicile" shall have the same meaning as it has under the legal systems of the United Kingdom and Ireland.

Ref: European Council Regulation 2201/2003

 

[gabhain7]

the above is correct, regulation 2201/2003 governs. If he is a romanian national and hes been resident there for six months he can get divorced there and an irish court can not interfere.

 

[I_S]

Hi,

Thanks for your quick response. He is still living in Ireland continuously for over a decade...

There is a lot of other problems, relating to mortgage, kids, maintenance, etc. so he is trying to get a 'no-fault' divorce in Romania because he knows that the court over there does not support the family as much as in Ireland.

Can he get a divorce in Romania? How is the best way to block it?

Thanks,
Ioana

 

[gabhain7]

If the reverse was to happen in Ireland, you would have an irish solicitor enter a conditional appearance in the circuit court to contest jurisdiction under regulation 2201/2003.

I'm not sure on Romanian Civil procedure but I assume you'd do something similar in Romania.

 

[I_S]

Thank you, that is what I understood from reading the law... but my Romanian solicitor seems to think that he can still get a divorce.

 

[I_S]

Hi,

Two Romanian solicitors are saying on a Romanian forum in response to the same question that he can pursue a divorce under part (b) below. My question is whether the law is (a) or (b) or (a) then (b)?

I want to block him in Romania and get a separation agreement in Ireland to agree maintenance, support for children, etc.

What is the best way to proceed?

Thanks,
Ioana



CHAPTER II
JURISDICTION
SECTION 1
Divorce, legal separation and marriage annulment
Article 3
General jurisdiction
1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State
(a) in whose territory:
- the spouses are habitually resident, or
- the spouses were last habitually resident, insofar as one of them still resides there, or
- the respondent is habitually resident, or
- in the event of a joint application, either of the spouses is habitually resident, or
- the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
- the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her "domicile" there;
(b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the "domicile" of both spouses.
2. For the purpose of this Regulation, "domicile" shall have the same meaning as it has under the legal systems of the United Kingdom and Ireland.

 

[gabhain7]

You would need to initiate Judicial Separation proceedings in the Circuit Court in Ireland as soon as possible.

Once proceedings are taking place in one member state, the courts of another member state can not take action.

Hi,

Two Romanian solicitors are saying on a Romanian forum in response to the same question that he can pursue a divorce under part (b) below. My question is whether the law is (a) or (b) or (a) then (b)?

I want to block him in Romania and get a separation agreement in Ireland to agree maintenance, support for children, etc.

What is the best way to proceed?

Thanks,
Ioana



CHAPTER II
JURISDICTION
SECTION 1
Divorce, legal separation and marriage annulment
Article 3
General jurisdiction
1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State
(a) in whose territory:
- the spouses are habitually resident, or
- the spouses were last habitually resident, insofar as one of them still resides there, or
- the respondent is habitually resident, or
- in the event of a joint application, either of the spouses is habitually resident, or
- the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
- the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her "domicile" there;
(b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the "domicile" of both spouses.
2. For the purpose of this Regulation, "domicile" shall have the same meaning as it has under the legal systems of the United Kingdom and Ireland.

 

[Bronte]

I think you need to get a good Irish lawyer who knows how foreign divorces apply in your situation.

Your main issue is maintenance? Does he live in Ireland or Romania? Where does he have an income?

 

[burmo]

Hi,

Two Romanian solicitors are saying on a Romanian forum in response to the same question that he can pursue a divorce under part (b) below. My question is whether the law is (a) or (b) or (a) then (b)?

I want to block him in Romania and get a separation agreement in Ireland to agree maintenance, support for children, etc.

What is the best way to proceed?

Thanks,
Ioana



CHAPTER II
JURISDICTION
SECTION 1
Divorce, legal separation and marriage annulment
Article 3
General jurisdiction
1. In matters relating to divorce, legal separation or marriage annulment, jurisdiction shall lie with the courts of the Member State
(a) in whose territory:
- the spouses are habitually resident, or
- the spouses were last habitually resident, insofar as one of them still resides there, or
- the respondent is habitually resident, or
- in the event of a joint application, either of the spouses is habitually resident, or
- the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
- the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her "domicile" there;
(b) of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of the "domicile" of both spouses.
2. For the purpose of this Regulation, "domicile" shall have the same meaning as it has under the legal systems of the United Kingdom and Ireland.

I'm curious too, reading the above it is not clear to me. Are the jurisdiction listed in priority in that regulation? Does jurisidction always lie with part (a) if it applies, as in because both spouses are living in Ireland that the jurisdiction is here?