Dáil Éireann Debate, Wednesday - 19 December 2018
559. 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 and widower's pension when it is clear that such a person could not have remarried here unless their divorce was recognised; and if she will make a statement on the matter. [53841/18]
Amharc ar fhreagraTo qualify for a widow/widower’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish law, to be the legal widow/widower of the deceased.
The legislative provisions pertaining to the recognition of divorces outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986.
In order for a foreign divorce to be recognised in this State, one of the parties to the divorce must be domiciled in the country granting the divorce when proceedings were initiated. One of the criteria in establishing a domicile choice would be that the person intended to reside permanently, or at least indefinitely, in the jurisdiction of the state granting the divorce. Responsibility for this legislation lies with the Minister for Justice and Equality.
I hope this clarifies the matter for the Deputy.
