Divorce....

dragona

If one was married in the UK but was resident in Ireland, can you get divorced here without having been separated fot 4 years? Or do you have to back to the UK for a divorce?

Our man in Havana

NALA- Not a Legal Opinion

I have personal experience of this. You would need to go to the UK for a divorce, otherwise the 4 years would come into play.

I was advised by an Irish solicitor to go back to the USA and sue for divorce there rather than waiting 4 years and suffering having to pay for the spouses upkeep. Under the US system I got away scot free, clean break nothing to pay her and no comeback.

Seek legal advice. This is not a legal opinion/advice

padser

Bond-007 wrote:

go back to the USA and sue for divorce there rather than waiting 4 years and suffering having to pay for the spouses upkeep. Under the US system I got away scot free, clean break nothing to pay her and no comeback.

Bond......I like your style

dermot_sheehan

Two things govern jurisdiction to enter a divorce decree that will be recognised in this state. Under the Domicile and Recognition of Forgein Divorces Act 1986 http://www.irishstatutebook.ie/ZZA24Y1986.html a divorce in a forgein jurisdiction would only be recognised in this jurisdiction if one of the parties was domiciled there. Domicile is a legal term meaning basically permanent home, where you would return to when abroad. You have an original domicile which is where your father was domiciled when you were born. You can be abroad for many years and still keep your original domicile, such evidence as where your family connections are, where you plan to be buried etc, are evidence required to show a change in domicile.

Within the European Union however new rules have come in, the Brussels II Regulation http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_338/l_33820031223en00010029.pdf

under article 1(a) jurisdiction is granted for divorce in a member state other then the UK or Ireland if someone is "habitually resident" there, that is resident for more then six months. To ground jurisdiction for a divorce in the UK or Ireland however someone has to be resident there.

dermot_sheehan

gabhain7 wrote:

To ground jurisdiction for a divorce in the UK or Ireland however someone has to be resident there.

This should say domiciled, mistyped and can't seem to edit post anymore

Our man in Havana

gabhain7 wrote:

This should say domiciled, mistyped and can't seem to edit post anymore

In jurisdictions such as Nevada one only has to prove residency for 6 weeks to avail of the court system and obtain a divorce there. People often just roll into town wait for 6 weeks and get divorced leave and go home.

BTW, you can only edit your posts for 72 hours.

dermot_sheehan

Bond-007 wrote:

In jurisdictions such as Nevada one only has to prove residency for 6 weeks to avail of the court system and obtain a divorce there. People often just roll into town wait for 6 weeks and get divorced leave and go home.

BTW, you can only edit your posts for 72 hours.

Yes, but whether such a divorce would be recognised in Ireland is another question.

For example in K. v. K. http://www.bailii.org/cgi-bin/markup.cgi?doc=/ie/cases/IESC/2001/87.html

the parties were of irish origin, married in England. The husband purported to get a divorce in the Republic of Haiti, which although recognised in the State of Massachusettes, was not recognised in Ireland. He then married again in the State of MAssachusettes. He was therefore under Massachusettes law married to his second wife and under irish law married to his first wife, not an enviable position to be in. The case involves his irish divorce and settlement with his first wife which allowed him then to marry his second wife under irish law.

Our man in Havana

gabhain7 wrote:

Yes, but whether such a divorce would be recognised in Ireland is another question.

I could not see a problem if one of the parties was an american resident there.

dermot_sheehan

Bond-007 wrote:

I could not see a problem if one of the parties was an american resident there.

No problem if one of the parties had an american domicile, which is different from residence. Domicile basically is permanent home, short synopsis of what it is here on the uk revenue site since its important for tax purposes also:
http://www.hmrc.gov.uk/pdfs/ir20.htm#domicile

dragona

I know this is an old thread but...

If one was married in UK 10 years ago, but living in Ireland for the last 4, what happens if you want a divorce - especially if you are not in a position to go back to the UK? Does the Irish law of 4 years separation still apply??

Have googled to death but cannot make head nor tail of it.

dermot_sheehan

dragona wrote:

I know this is an old thread but...

If one was married in UK 10 years ago, but living in Ireland for the last 4, what happens if you want a divorce - especially if you are not in a position to go back to the UK? Does the Irish law of 4 years separation still apply??

Have googled to death but cannot make head nor tail of it.

If you chose to divorce in Ireland the minimum separation period applies. You might get some confusing advice on the internet as continental countries apply the law where a married couple is domiciled when granting divorce (for example if two irish domicileries got divorced in Austria, the austrian court would apply irish law with the minimum 4 years separation.

In ireland however the courts apply irish law regardless of the domicile of the parties to a marriage if they chose to get divorced here. For persons with a forgein domicile then it would usually be much more convenient to get divorced abroad.