American Marriage Certificate....Same divorce rules apply?

TheCommy

Hey all,

My boyfriend got married to his wife 12 years ago in America, they have been separated a while but nothing close to the 3 years required to go ahead with a divorce under Irish law. Does the fact that it is an American marriage cert mean they might be able to get the divorce more quickly in the states?

Anyone?

Our man in Havana

Both US citizens? Is the wife still living in the states?

You would be best to speak with a family law lawyer in the states.

seamus

From a quick look at it, a foreign divorce will not be recognised under Irish law unless at least one of the spouses was resident in the country granting the divorce, at the time that divorce proceedings started.

So if his wife has gone back to live in the states and starts proceedings from there, then the divorce will be valid under Irish law. However if one or either of them heads back to the states purely for the purpose of obtaining the divorce, it won't be recognised under Irish law.

That's what I got from a very quick look over some related bit of law though - he should contact a solicitor here. I'm sure this comes up a lot, and a family law specialist will know the answer off the top of his head.

TheCommy

Oh no sorry, both Irish Citizens who travelled to the states for the wedding

Our man in Havana

Not a chance then. You need to jump thru all the hoops of the Irish system.

TheCommy

Great! Thanks a mill for clearing that up :rolleyes:

partyguinness

Yes you get divorced where at least one of the parties is domiciled. In this case, Ireland.

If they went off to get divorced in the US, it would not be recognised in Ireland as they are not domiciled or resident there.

Victor

partyguinness wrote: »

Yes you get divorced where at least one of the parties is domiciled. In this case, Ireland.

If they went off to get divorced in the US, it would be recognised in Ireland as they are not domiciled or resident there.

Shouldn't that be "would not"?

Grawns

***Deleted***

Advocates illegal activity contrary to Boards.ie Terms of Use

dermot_sheehan

No advocating perjury,

Original Poster, you can only get divorced in other state if one of parties to marriage is domiciled in that state. Else you have to commence an action for divorce in the circuit or high court and get an irish solicitor to do that for you

partyguinness

Victor wrote: »

Shouldn't that be "would not"?

Yes...I'm bad...:o