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Guest
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
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