Dáil Éireann Debate, Thursday - 16 June 2016
40. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the form and procedures a person must follow in registering an international divorce on an Irish registered marriage which was the subject of a divorce in Australia (details supplied); and the procedures a person must follow in dealing with the births, deaths and marriages office. [16546/16]
View answer56. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the procedures a person must follow in registering an international divorce on an Irish registered marriage which was the subject of a divorce in Australia (details supplied). [16547/16]
View answerI propose to take Questions Nos. 40 and 56 together.
The recognition in Ireland of a divorce granted in Australia will be governed by the Domicile and Recognition of Foreign Divorces Act 1986 which sets out the circumstances in which a divorce granted in a jurisdiction outside of Ireland will be recognised. However, I am not in a position as Minister to give legal advice in response to a Parliamentary Question on the question of whether a specific foreign divorce is entitled to recognition in Ireland under the 1986 Act. The person concerned should take legal advice on the matter. Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State. Matters relating to the registration of births are governed by the Civil Registration Act 2004, as amended, which falls under the remit of the Minister for Social Protection.
