Is this true?

purrrfect1

In the 'deed of seperation' document I have, it says in section 7.3.1 that we were both domiciled in the Republic at the time (this was seven years ago) but that if we intend to divorce in the future, then 'the courts in the Rep of Ireland will have juristriction.
Now the other half has a NI address and has started divorce proceeedings from there. Does the above statement count for anything?

Peregrinus

Yes, it does. You can ask the NI courts to reject her petition on the grounds that she should have launched her proceedings in the Republic, in accordance with her agreement. They woin't necessarily grant your request, but they might, if you can show that running the proceedings in NI will involve some disadvantage or inconvencience.

But why would you do this? Do you expect a different outcome in the courts in the Republic?

Carawaystick

Of course some judges might say there is no such thing as "the courts in the Rep of Ireland"
Para. 48
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/cc4f2be72b66572280257e4a00483fad?OpenDocument

cobhguy28

Carawaystick wrote: »

Of course some judges might say there is no such thing as "the courts in the Rep of Ireland"
Para. 48
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/cc4f2be72b66572280257e4a00483fad?OpenDocument

You are right as there is no country called the republic of Ireland.

hullaballoo

The Republic of Ireland is the association football team. Trial by combat with Elvis impersonators is about the best they can offer.

jawn

Carawaystick wrote: »

Of course some judges might say there is no such thing as "the courts in the Rep of Ireland"
Para. 48
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/cc4f2be72b66572280257e4a00483fad?OpenDocument

Classic Kelly! TL;DR though: did the mistake in naming the jurisdiction have any practical consequences?

Peregrinus

Carawaystick wrote: »

Of course some judges might say there is no such thing as "the courts in the Rep of Ireland"
Para. 48
http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/cc4f2be72b66572280257e4a00483fad?OpenDocument

They might point out that a better draughtsman would have used the name, and not the description, of the State. But they won't let that kind of nit-picking stand in the way of the parties' clear agreement about choice of jurisdiction.

(I would point out, of course, that you'd be running this argument in the NI courts, asking them to dismiss the wife's proceedings on the grounds that she has started them in the wrong forum. An NI judge might feel less called upon to comment about whether the description, or the name, of this state should have been used in the deed.)