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Divorce/Seperation question-USA/Ireland

  • 23-10-2007 1:14pm
    #1
    lawcurious
    Closed Accounts Posts: 8 ✭


    I was hoping someone could help me.

    I got married in the States about 5 years ago. I guess my marriage was recognised in Ireland as my husband subsequently got Irish Citizenship through our marriage.

    We are not in the process of getting a divorce in the States. Will we need to get a divorce here in Ireland as well or will just the one in the states be sufficient?

    Thanks for any info


Comments

  • #2
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    You got married in the States, so divorce there should do. Sounds like your husband may have gotten duel citizenship through the Irish Embassy for being married to someone who is Irish.


  • #3
    lawcurious
    Closed Accounts Posts: 8 ✭lawcurious


    thats exactly what happened..thanks for the info.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    To be recognised in Ireland one of the parties to the marriage must be domiciled in the State that granted the Divorce (or else habitually resident if it's an EU state).

    Domicile is a legal term which basically means permanent home. You can read more about it here http://en.wikipedia.org/wiki/Domicile_(law))


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Linky brokey. See here instead http://en.wikipedia.org/wiki/Domicile_%28law%29


  • #6
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Initial thought is it should be undertaken (if allowed under domicile) in the state which is most beneficial to either or both parties. Getting advice from a solicitor is possibly a must on this.


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  • #7
    lawcurious
    Closed Accounts Posts: 8 ✭lawcurious


    My ex-husband is american and lives in the states. I am Irish and have just returned home so am now a resident once more in Ireland...

    the previous posters have now confused me! (sorry guys thanks for all of your help)

    does anyone know based on this info if I will need to apply for a divorce here? We are getting a divorce in the States.

    thanks!


  • #8
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Since section 5 of the Domicile and Recognition of Forgein Divorces Act http://www.irishstatutebook.ie/1986/en/act/pub/0024/sec0005.html#zza24y1986s5

    a divorce is recognised if any either party is domiciled in the jurisdiction that granted the divorce, assuming your former husband (or yourself) was domiciled in the United States the Divorce should be recognised. If there are any doubts you can apply to the Circuirt Coiurt for a Declaration of Marital status to resolve the issue.


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