Pearse Doherty
Ceist:202. Deputy Pearse Doherty asked the Minister for Justice and Equality his views on the fact that certain divorces obtained outside the EU are not recognised here. [19353/13]
Amharc ar fhreagraWednesday, 24 April 2013
Ceisteanna (202)
Freagraí scríofa
The recognition of non-EU divorces in Ireland is governed by the Domicile and Recognition of Foreign Divorces Act 1986. Where domicile is not in question, then a divorce may be recognised if evidence of due process and documentary evidence of the divorce itself are provided. However, if a person's domicile cannot be determined, it may be difficult or impossible to determine that the divorce is entitled to recognition under the Act. If a particular divorce is not recognised, the spouse or spouses may apply to the courts under section 29 of the Family Law Act 1995 for a declaration as to marital status.
I am aware that the establishment of a person's domicile in this context may sometimes be difficult and complex and that such cases may often be very stressful for the parties concerned; however the arrangements in place are long standing and tested and I do not have any proposals to change them at this time.