Dáil Éireann Debate, Tuesday - 20 March 2007
544 Mr. Gilmore asked the Minister for Foreign Affairs the reason a letter of freedom has been refused to a person (details supplied) in County Dublin; and if he will reconsider the application in view of this Deputy’s representations. [10013/07]
View answerAn application for a Certificat de Coutume, confirming that the person to whom the Deputy has referred is free to marry abroad, was received by the Department. It is not possible to approve the application as the Department is not satisfied that the applicant's divorce would be recognised under Irish law and that, consequently, she would be free to marry again. While I have every sympathy with the plight of the applicant, the legal advice I have been given is that the requirement that the person's divorce be recognised under Irish law cannot be overlooked.
The Department has written to the applicant, explaining why her application cannot be approved on the basis of the documentation submitted, and suggesting that she seek independent legal advice with a view to obtaining a declaration from the courts in accordance with Section 29 of the Family Law Act, 1995 in relation to the recognition of her divorce under Irish law. I can assure the Deputy that if the necessary declaration is obtained; the Department will issue a Certificat de Coutume in this case and will do so as a matter of urgency.
