Recognition of foreign marriages?

vote4pedro

Of course this is not any request for legal advice, just an academic question.

Just wondering what legislation it is that sets out what foreign marriages will be recogised in this state, and what the requirements for them are. The equivalent of the Domicil and Recognition of Foreign Divorce Act '86 I'd imagine, but I was wondering how the executive goes about (presumably) recognising legaly binding heterosexual marriages granted in a foreign jurisdiction, but not a legaly binding homosexual marriage from a jurisdiction where this is legal.

I was just wondering as Art. 41.3 of the Constitution promises to protect the institution of "marriage" with special care, without an explicit call for it to be a heterosexual one, though obviously in Ireland there can be no such thing as a homosexual "marriage".

Thirdfox

3. 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

I think that the State could argue that homosexual marriages do not form the basis of a "family" - but it's an interesting point.

dermot_sheehan

vote4pedro wrote:

Of course this is not any request for legal advice, just an academic question.

Just wondering what legislation it is that sets out what foreign marriages will be recogised in this state, and what the requirements for them are. The equivalent of the Domicil and Recognition of Foreign Divorce Act '86 I'd imagine, but I was wondering how the executive goes about (presumably) recognising legaly binding heterosexual marriages granted in a foreign jurisdiction, but not a legaly binding homosexual marriage from a jurisdiction where this is legal.

I was just wondering as Art. 41.3 of the Constitution promises to protect the institution of "marriage" with special care, without an explicit call for it to be a heterosexual one, though obviously in Ireland there can be no such thing as a homosexual "marriage".

Goverend by common law and in particular the House of Lords case of Hyde v. Hyde, "Marriage is and always has been in christiandom, the union between a man and woman for life to the exclusion of all others," holding that a utah marriage which was potentially polyagamous was not recognisable.

In Britain they changed this rule by the Forgein Marriages Validity Act (1978? I think), which allows potentially polygamous marriages, provided not polygamy actually takes place. For example under Irish law a marriage carried out abroad according to islamic law would not be recognised since islamic law allows polygamy. Under English Law it would be recognised provided you weren't all already married and engaging in polygamy.


Generally the common law rule is that marraige procedure is governed by the lex loci, that is the location of the place where the marrriage is taking place, and the law of capacity (i.e. ability to enter a marriage contract is goverened by the place of domicile). That is why many countries require a certificate from the irish authorities when marrying abroad (a certificat de cotume), it's to show you have the capacity to marry under irish law.

Irish rules on capacity were amended by the Family Law act 1995, http://www.irishstatutebook.ie/ZZA26Y1995.html, which in particular in section 31 and 32, places certain restrictions on marriage by an irish resident, regardless of where in the world they get married.

Our man in Havana

I was once married and divorced in the USA and when I came home and sought to remarry, the state refused to recongise the first marriage existed and I was treated as if I was never married.

vote4pedro

Much appreciated Gabhainn

john-joe

Hi all,

I have a friend who is looking to get a copy of his marraige certificate as he misplaced his original one. He got married in china last year and is finding it difficult to get in touch with the office where the marraige took place.

I am hoping to help him out but I find it difficult to get any info from the chinese embassy here in Ireland.:(

Any idea how to go about getting a copy of this document?

Any help would be appreciated.

(I can post more info if needed)

John