THERE ARE NO rules in the Constitution for how foreign divorces can or should be recognised. As it stands, some but not all foreign divorces are recognised in Ireland. However, different rules apply depending on where and when the divorce is obtained. 

Under the Domicile and Recognition of Foreign Divorces Act 1986, a foreign divorce is only recognised in Ireland if at least one spouse was living in the state that granted the divorce when the proceedings began. Parties to a divorce may be asked to provide evidence for this.

EU law also has a role to play. The habitual residence of the spouse, EU law states, determines whether or not to grant a divorce. According to the regulations governing this:

• “the applicant is habitually resident if he or she resided there for at least a year immediately before the application was made, or
• the applicant is habitually resident if he or she resided there for at least six months immediately before the application was made and is either a national of the Member State in question or, in the case of the United Kingdom and Ireland, has his or her “domicile” there.”

When the divorce proceedings fall under EU law both spouses must confirm that they were informed of the proceedings and had an opportunity to give evidence in court. 

If EU regulations don’t apply, things are more complex. It’s then up to the General Registrar must decide whether the divorce was valid. 

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