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Divorced in Canada ( BC) does the Republic recognise this?

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  • 31-07-2006 12:42pm
    #1
    Closed Accounts Posts: 115 ✭✭


    *Snip*

    Sigh...


Comments

  • Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    That sounds dangerously like asking for legal advice.
    *Snip*

    Edit it before Hull sees it.


  • Closed Accounts Posts: 115 ✭✭Goosey


    Bond-007 wrote:
    That sounds dangerously like asking for legal advice.


    Edit it before Hull sees it.

    Thx ;)


  • Registered Users Posts: 78,291 ✭✭✭✭Victor


    There is mutual recognition of foreign divorces (assuming cetrain standards are met), but I presume you will need to get that certified in Ireland.

    Best talk to a solicitor. I imagine the local county registrar can also help you.

    Check out: http://www.irishstatutebook.ie/front.html

    FAMILY LAW (DIVORCE) ACT, 1996

    DOMICILE AND RECOGNITION OF FOREIGN DIVORCES ACT, 1986

    S.I. No. 84/1997: CIRCUIT COURT RULES (No. 1) OF 1997 (JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 AND FAMILY LAW ACT, 1995 AND FAMILY LAW (DIVORCE) ACT, 1996).


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    One of the parties to the marriage must be domiciled in the jurisdiction that granted the divorce. Domicile is basically permanent home, you can only have one domicile at a time. Your domicile of origin is that of your fathers until you turn 18, so for both parties to this marriage they would I assume start out with Irish domiciles. To show a change of domicile you must show an intention to make the jurisdiction your new permanent home. Some people can go abroad for many years and still maintain their domicile of origin if they always had the intention to return home some day.

    Provided either of the parties were domiciled in British Columbia, the divorce would be recognised in Ireland. Nothing needs to be done. There however is the ability under the Family Law Act to apply to the Circuit Court for a declaration of marital status. This could be used to confirm if the divorce is recognised.


  • Closed Accounts Posts: 115 ✭✭Goosey


    thanks guys. I think I can go to the US a happier man.

    Cheers,

    Goosey


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  • Registered Users Posts: 4,010 ✭✭✭besty


    Another thread locked for requesting legal advice. Looks like I got here too late anyway!


This discussion has been closed.
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