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Foreign marriage, divorce in Ireland

  • 31-01-2016 02:54PM
    #1
    johnnymoss
    Users Awaiting Email Confirmation Posts: 6 ✭


    There was another thread about this a years back but I have some questions as it wasn't clear to me.

    I got married abroad. Now I live in Ireland with my wife. If I want to get a divorce, what are my options? Is there any way to avoid the ridiculously long divorce process in Ireland?

    For example, if we filed for divorce in the country we got married, it would be processed quickly (apparently). But as I understand it, this wouldn't be recognized by Ireland unless one of us were actually living there.

    If we filed for divorce in Ireland, I assume it would take years before I'd be eligible to remarry?

    Thanks


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 85,666 ✭✭✭✭Atlantic Dawn
    GDY151


    Is it another EU country you were married in?


  • #3
    Dial Hard
    Registered Users, Registered Users 2 Posts: 14,510 ✭✭✭✭Dial Hard


    johnnymoss wrote:
    For example, if we filed for divorce in the country we got married, it would be processed quickly (apparently). But as I understand it, this wouldn't be recognized by Ireland unless one of us were actually living there.

    Pretty much. One of you would have had to have been "habitually resident" in that country for the divorce to be recognised in Ireland.
    johnnymoss wrote:
    If we filed for divorce in Ireland, I assume it would take years before I'd be eligible to remarry?

    You're not even eligible to file for divorce until you've been separated for four out of five years.

    After that, you can remarry pretty much immediately, after the three months notice to the registrar is given.


  • #4
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    You don't have to be separated for 4 out of 5 years, it's from the time the marriage has broken down.


  • #5
    johnnymoss
    Users Awaiting Email Confirmation Posts: 6 ✭johnnymoss


    Atlantic Dawn wrote: »
    Is it another EU country you were married in?

    No, it's an non-EU country


  • #6
    johnnymoss
    Users Awaiting Email Confirmation Posts: 6 ✭johnnymoss


    Atlantic Dawn wrote: »
    Is it another EU country you were married in?

    No, it's a non-EU country


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  • #7
    johnnymoss
    Users Awaiting Email Confirmation Posts: 6 ✭johnnymoss


    Let's assume for a moment that my wife goes back to her native country. How long would she have to be there to be considered resident? And let's also assume that the foreign divorce is recognized by Ireland. Would it be recognized immediately? Or would the 5 year rule still apply?


  • #8
    Dial Hard
    Registered Users, Registered Users 2 Posts: 14,510 ✭✭✭✭Dial Hard


    aujopimur wrote:
    You don't have to be separated for 4 out of 5 years, it's from the time the marriage has broken down.

    Where did I say otherwise? It doesn't have to be legal/judicial separation, absolutely. But you still have to wait for four years before you can apply for a divorce in this country.


  • #9
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #10
    johnnymoss
    Users Awaiting Email Confirmation Posts: 6 ✭johnnymoss


    I realize that a divorce within Ireland takes 5 years. But if the divorce happens in the country that the marriage originally happened, will it be recognized immediately in Ireland too? If so, surely remarriage would also be permitted?


  • #11
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #12
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    johnnymoss wrote: »
    I realize that a divorce within Ireland takes 5 years. But if the divorce happens in the country that the marriage originally happened, will it be recognized immediately in Ireland too? If so, surely remarriage would also be permitted?

    Have a read of this Johnny. It might answer a lot of your questions.
    http://www.brophysolicitors.ie/brophysolicitors/Main/Family_Law_Foreign_Divorces.html


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