Dáil Éireann Debate, Thursday - 30 November 2017
216. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 244 of 19 October 2017, if the case of a person (details supplied) will be reviewed in view of the logic that the person's second marriage could not have proceeded without evidence of divorce from the first marriage; and if she will make a statement on the matter. [51393/17]
Amharc ar fhreagraThe person concerned was previously married in Ireland and divorced in Northern Ireland. His subsequent marriage to his late wife also took place in Northern Ireland.
As set out in previous responses on this matter, the provisions pertaining to the recognition of divorce outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986. Accordingly, in order for the Northern Ireland divorce to be recognised in this State, one of the parties to the divorce must have been domiciled in Northern Ireland when the divorce proceedings were initiated. Based on the evidence available to the Department, it appears both parties to the divorce were domiciled in Ireland at that time. Therefore the divorce and the subsequent marriage that took place in Northern Ireland are not recognised under Irish State Law. Consequently, there is no entitlement to widower’s contributory pension.
If the person concerned is not satisfied with the decision of the deciding officer, they may appeal the decision to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier St., Dublin 2.
I hope this clarifies the matter for the Deputy.
