Vol. 413 No. 9
105 Mr. O'Shea asked the Minister for Foreign Affairs the exact type of evidence required by his Department regarding the domicile abroad of the spouse of a person seeking a certificat de coutume, who was not domiciled abroad at the time of their divorce; and if he will make a statement on the matter.
In the case of an applicant for a certificat de coutume who has been granted a foreign divorce before the coming into operation of the Domicile and Recognition of Foreign Divorces Act, 1986, my Department can entertain such an application only if both the applicant and her/his former spouse were domiciled abroad on the date of the institution of the divorce proceedings and had the intention on that date of continuing to reside abroad. In such a case both spouses are required to provide affidavits regarding their domicile abroad on the date in question and their intention of continuing to reside abroad. Such affidavits should normally set out relevant supporting information and be accompanied by proofs of identity and a certified true copy of the divorce decree.
In the case of an applicant for a certificat who was granted a foreign divorce after the coming into operation of the 1986 Act, my Department are prepared to consider such an application if the applicant was not domiciled abroad but the former spouse was. In such a case the former spouse is required to provide a sworn affidavit on the lines of that outlined in the preceding paragraph.
In addition, any other evidence tending to support the statement in the affidavit regarding the intention at the relevant date to continue to reside permanently abroad would be of assistance.
