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divorce refused on religous grounds.

  • 07-12-2007 2:05am
    #1
    Closed Accounts Posts: 26


    ive heard that a person is refusing to consent to a divorce on the fact that they beleive that its morally wrong. person is very religous and claimes that its against their religon.

    can somebody refuse to get divorced.
    can a judge at a hearning of the case order the divorce.
    has any cases been stated in ireland on same?


Comments

  • Registered Users, Registered Users 2 Posts: 2,686 ✭✭✭EdgarAllenPoo


    There are two types of divorce preceedings in Ireland an uncontested/ consent divorce and a contested divorce.

    Have a look here
    http://www.divorceinireland.com


  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    Divorce is constitutionally permited in Ireland, so there is no possibility of challenging divorce. Secondly, no is the answer, a person cannot refuse to get divorced. The only criteria for granting a divorce in this coutry is that the parties have lived apart for four of the five past years, that there is no reasonable prospect of reconcilliation and that proper provision is made for the parties and the children. That said if the other party is going to drag their feet it will have inevitable consequences for the legal costs involved in obtaining the divorce.


  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    I'm not aware of any religion that doesn't allow divorce. Its the remarrying / shacking up with someone else is what they have a beef with.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    The court must be satisfied of certain facts before it can grant a divorce. You could argue that your religion requires you to try and have a reconciliation.

    Also, divorce is a discretionary relief - the court is not obliged to grant a divorce.


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


    There are probably some public policy issues here.

    In the USA most states have a situation where if a person refuses to co-operate with a divorce, it would be granted anyways on public policy grounds i.e. you cannot force a person to stay married against their will.


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