Dáil Éireann Debate, Thursday - 3 May 2018
262. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the grounds on which non-recognition of foreign divorce can be used to refuse entitlement to widow's or widower's pension when it is clear that such persons could not have remarried here unless their divorce was recognised; and if she will make a statement on the matter. [19513/18]
Amharc ar fhreagraTo qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish State Law, to be the legal widow(er) of the deceased.
The legislative provisions pertaining to the recognition of foreign divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act 1986. Responsibility for this legislation lies with the Minister for Justice and Equality.
In accordance with that Act, a foreign divorce will be recognised in this state, if one of the parties to the divorce was domiciled in the country granting the divorce when proceedings were initiated. If neither party was domiciled in the country granting the divorce when proceedings were initiated, the foreign divorce cannot be recognised. In those circumstances, any subsequent marriage cannot be recognised, and therefore the person cannot be deemed, under Irish State Law, to be the legal widow(er) of the deceased. Consequently, there is no entitlement to widow(er)’s contributory pension.
I hope this clarifies the matter for the Deputy.
