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Legality of marriage

  • 08-02-2009 9:29pm
    #1
    MorrisDunn
    Closed Accounts Posts: 11 ✭


    Hypothetical situation.

    Irish citizen marries an americium citizen in the USA and then divorces her pursuant to American law and obtains a decree of divorce. Irish guy never sees or speaks to American ex wife ever again.
    The same Irish citizen returns to Ireland and marries again telling the registrar that he was never married. Now he is divorced and free to remarry.

    Would his omission invalidate his Irish marriage?


Comments

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


    Under section 5 of the Domicile and Recognition of Foreign Divorces Act if a foreign divorce is recognized by one of the jurisdictions that one of the parties to the marriage is domiciled then it is recognized in Ireland. http://www.irishstatutebook.ie/1986/en/act/pub/0024/sec0005.html#zza24y1986s5

    Giving false information to the registrar does not invalidate the marriage but is a criminal offence under the civil registration act 2004 punishable by up to 6 months in prison and €2,000 if prosecuted summarily or up to €10,000 and/or 5 years if prosecuted on indictment in the circuit court.


  • #3
    MorrisDunn
    Closed Accounts Posts: 11 ✭MorrisDunn


    Thanks for that.

    Say the hypothetical marriage took place in Ireland in 2003, what sort of penalties could this person be facing? Would there be any time limit on the state prosecuting the person for making a false declaration?


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


    MorrisDunn wrote: »
    Thanks for that.

    Say the hypothetical marriage took place in Ireland in 2003, what sort of penalties could this person be facing? Would there be any time limit on the state prosecuting the person for making a false declaration?

    Sorry - 'Say the actual situation took place in Ireland in 2003' the answer remains the same.

    This was and is not a hypothetical at all. Advice is not allowed - go see a solicitor.

    Tom


This discussion has been closed.
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