Dáil Éireann díospóireacht -
Tuesday, 26 Nov 1991

Vol. 413 No. 5

Written Answers. - Certificat de Coutume Application.

Brian O'Shea

Ceist:

60 Mr. O'Shea asked the Minister for Foreign Affairs when he will grant a Certificat de Coutume to persons (details supplied) in County Waterford so that they can get married in Scotland; and if he will make a statement on the matter.

Minister for Foreign Affairs (Mr. Collins)

A Certificat de Coutume is a document which is required by the civil authorities in certain foreign jurisdictions before a non-national is permitted to marry in the jurisdiction in question. It is issued by the relevant authorities in the person's own country. In this country it is issued under my seal as Minister for Foreign Affairs and signed on my behalf by an authorised officer of my Department. The Certificat states that the person is not bound by the ties of a valid marriage under the laws of Ireland and is therefore free to contract a marriage with a named intended spouse.

An applicant for aCertificat de Coutume must complete a questionnaire and provide evidence, normally in the form of a statutory declaration, that he or she is free to marry. If the applicant has been married previously, but has been divorced abroad subsequent to the coming into force of the Domicile and Recognition of Foreign Divorce Act, 1986, then he or she must produce evidence that the application is covered by the terms of that Act and in particular that either the applicant or the previous spouse was domiciled abroad on the date of the institution of the divorce proceedings.

In the case to which the Deputy refers the applicant obtained a divorce abroad in 1990. However, it appears that he was domiciled in Ireland at the relevant time. Accordingly his case, judged purely on the basis of his own domicile, would not come under the 1986 Act. Hence aCertificat de Coutume could not be issued.

However, I am informed that his former spouse may have been domiciled abroad at the relevant time. If this were to be confirmed then the case would come under the 1986 Act and the relevantCertificat could be issued. For this reason my Department are now seeking evidence relating to the domicile of the former spouse. When such evidence is received the application will be dealt with as a matter of priority.