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Married in Denmark, divorcing in Ireland

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  • 09-11-2019 2:50am
    #1
    3timesapaddy
    Registered Users Posts: 1 ✭


    If a couple get married in Denmark (one Irish, one non-EU) and live in Ireland...
    and then further down the line needed to divorce, what country's rules would apply?


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  • Options
    #2
    fritzelly
    Registered Users Posts: 17,307 ✭✭✭✭fritzelly


    Irish, why would other countries rules apply
    Assume the marriage is registered here


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    #3
    LuciX
    Closed Accounts Posts: 156 ✭✭LuciX


    3timesapaddy wrote: »
    If a couple get married in Denmark (one Irish, one non-EU) and live in Ireland...
    and then further down the line needed to divorce, what country's rules would apply?

    May I just add an off topic because I can sense where the question is going. ..

    Wife is tied to you by a visa.

    You may divorce her today but you can't marry the next ms. right tomorrow - in order to give her a visa.
    Unless they changed the rules (with Brexit I very much doubt) there is an exclusion window so to speak.


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    #4
    FishOnABike
    Registered Users Posts: 4,387 ✭✭✭FishOnABike


    fritzelly wrote: »
    Irish, why would other countries rules apply
    Assume the marriage is registered here

    That presumes that both are still living in Ireland. If either are domiciled in another country then either may apply for a divorce in that country and its laws would apply.


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    #5
    FishOnABike
    Registered Users Posts: 4,387 ✭✭✭FishOnABike


    LuciX wrote: »
    May I just add an off topic because I can sense where the question is going. ..

    Wife is tied to you by a visa.

    You might divorce today her but you can't marry the next ms. right in Ireland tomorrow.
    There's an exclusion window so to speak.
    Are you referring to the three months notice required to the Registrar?


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    #6
    LuciX
    Closed Accounts Posts: 156 ✭✭LuciX


    FishOnABike wrote: »
    Are you referring to the three months notice required to the Registrar?

    No

    Immigration wise


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    #7
    fritzelly
    Registered Users Posts: 17,307 ✭✭✭✭fritzelly


    FishOnABike wrote: »
    That presumes that both are still living in Ireland. If either are domiciled in another country then either may apply for a divorce in that country and its laws would apply.

    "live in ireland" would be a big clue


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    #8
    FishOnABike
    Registered Users Posts: 4,387 ✭✭✭FishOnABike


    fritzelly wrote: »
    "live in ireland" would be a big clue
    If either wanted to divorce more quickly than possible in Ireland they could always move to a country that has less restrictive divorce legislation than Ireland. Other countries don't have the four years living apart condition before institution of divorce proceedings.


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    #9
    Widdensushi
    Registered Users Posts: 5,169 ✭✭✭Widdensushi


    FishOnABike wrote: »
    If either wanted to divorce more quickly than possible in Ireland they could always move to a country that has less restrictive divorce legislation than Ireland. Other countries don't have the four years living apart condition before institution of divorce proceedings.

    Ireland doesn't now either, while not in law yet current separations will fall under the new rules


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    #10
    FishOnABike
    Registered Users Posts: 4,387 ✭✭✭FishOnABike


    Widdensushi wrote: »
    Ireland doesn't now either, while not in law yet current separations will fall under the new rules

    It coming into force should be imminent. The Family Law Act 2019, reducing the waiting times for divorce and judicial separation was enacted on 25 October 2019 but it doesn't seem to have been commenced yet. Shouldn't be long before it is commenced though.


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    #11
    1874
    Registered Users Posts: 2,382 ✭✭✭1874


    3timesapaddy wrote: »
    If a couple get married in Denmark (one Irish, one non-EU) and live in Ireland...
    and then further down the line needed to divorce, what country's rules would apply?


    Id have thought Denmarks divorce laws are less restrictive than Irelands, is this all hypothetical? otherwise, why do you say, "and then further down the line needed to divorce"?

    Thats a strange way to put things, why that would even be asked? as it makes it sounds like its planned and intentional. Why say needed to divorce?? either, shouldnt it really be want to divorce???


    Is the other party in agreement already?


    fritzelly wrote: »
    Irish, why would other countries rules apply
    Assume the marriage is registered here


    The OP states the marriage happened in Denmark, why would it be registered here?


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  • Options
    #12
    1874
    Registered Users Posts: 2,382 ✭✭✭1874


    FishOnABike wrote: »
    It coming into force should be imminent. The Family Law Act 2019, reducing the waiting times for divorce and judicial separation was enacted on 25 October 2019 but it doesn't seem to have been commenced yet. Shouldn't be long before it is commenced though.


    Just checked, Danish law allows for divorce after 6 months if in agreement or 1 year if not, that sounds very reasonable to me.
    The Irish law is not enacted, and from what I recal will still be 2 years.


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    #13
    FishOnABike
    Registered Users Posts: 4,387 ✭✭✭FishOnABike


    1874 wrote: »
    Just checked, Danish law allows for divorce after 6 months if in agreement or 1 year if not, that sounds very reasonable to me.
    The Irish law is not enacted, and from what I recal will still be 2 years.
    The new law has been commenced and applies from today.

    In addition to reducing the living apart term to two years the bill also includes updating the statutory definition of ‘living apart’ and has provisions for spouses who live at the same address but are considered living separate lives.

    https://www.irishlegal.com/article/divorce-law-to-be-brought-into-effect-from-sunday


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    #14
    1874
    Registered Users Posts: 2,382 ✭✭✭1874


    FishOnABike wrote: »
    The new law has been commenced and applies from today.

    In addition to reducing the living apart term to two years the bill also includes updating the statutory definition of ‘living apart’ and has provisions for spouses who live at the same address but are considered living separate lives.

    https://www.irishlegal.com/article/divorce-law-to-be-brought-into-effect-from-sunday


    It is 2yrs out of a 3 seperated, so its really a 3yr wait, vs a potential 6 months to 1yr max. Bit of a difference.


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    #15
    Widdensushi
    Registered Users Posts: 5,169 ✭✭✭Widdensushi


    1874 wrote: »
    It is 2yrs out of a 3 seperated, so its really a 3yr wait, vs a potential 6 months to 1yr max. Bit of a difference.

    I suppose if you are separated for 2yrs you are separated for 2 out of 3 years


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