Wednesday, 8 May 2019

Questions (494)

Bobby Aylward

Question:

494. Deputy Bobby Aylward asked the Minister for Justice and Equality his plans to update the Domicile and Recognition of Foreign Divorces Act 1986; and if he will make a statement on the matter. [19158/19]

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Written answers (Question to Justice)

As the Deputy will be aware, the Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Bill 2016 will be put to the people in a referendum on 24 May 2019. The Bill contains a proposal to replace the text of Article 41.3.3 of the Constitution, which deals with the recognition of foreign divorces, with a new provision. I have no plans to propose amendments to the Domicile and Recognition of Foreign Divorces Act 1986 in advance of the referendum.

As I have previously stated, I will propose amendments following the planned expert analysis of the law in this area by the Law Reform Commission. My intention is to ensure a transparent, streamlined system for applicants irrespective of whether or not their application falls under EU Regulations in this area.