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Dáil Éireann debate -
Thursday, 1 Mar 2001

Vol. 531 No. 5

Written Answers. - Proposed Legislation.

Monica Barnes

Question:

26 Mrs. Barnes asked the Minister for Justice, Equality and Law Reform if he proposes to introduce new legislation concerning the recognition of foreign divorces granted in a European Union state in proceedings issued prior to 1 March 2001; and if he will introduce legislation concerning the recognition of non-EU foreign divorces obtained either prior to 1 March 2001 or any time thereafter. [6185/01]

As the Deputy will be aware, Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses – the Brussels II regulation – enters into force today among all European Union member states with the exception of Denmark. That regulation contains certain transitional provisions whereby judgments given after the date of its entry into force, in proceedings instituted before that date, may be entitled to recognition and enforcement. In all other cases, the regulation applies only to proceedings instituted after its entry into force.

I have no plans for legislation to retrospectively amend the rules which govern generally the recognition of foreign divorces, legal separations or annulments. However, the question of legislation to deal with such judgments as may, in future, be given in countries outside the European Union, is being considered within my Department.

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