Wednesday, 8 May 2019

Questions (1388)

Tony McLoughlin

Question:

1388. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection the reason no clearance has been allocated to a person (details supplied) by the HSE certificate section to allow them to remarry here; and if she will make a statement on the matter. [18489/19]

View answer

Written answers (Question to Employment)

The Civil Registration Act 2004 provides that a registrar must establish whether a person is free to marry in the State. An impediment to marriage exists where either party to a proposed marriage is already married. Where one or both of the parties to an intended marriage was married previously, the registrar must establish whether an impediment continues to exist or whether the marriage has been dissolved, annulled or the former spouse is deceased.

In cases where either party was previously divorced outside the State, the registrar forwards all documentation to the Office of the Registrar General (GRO) to determine whether the divorce is recognisable under Irish Law.

I understand that the divorce for the person referred to by Deputy was granted in Estonia and is being examined by officials within the GRO at present. The GRO will make a determination based on the information provided as soon as possible and will inform the registrar as to whether the proposed marriage may proceed.

I trust that this clarifies the matter for the Deputy.