D v D (Unapproved) [2022] IECA 102 (03 May 2022)

D v D (Unapproved) [2022] IECA 102 (03 May 2022)

The applicant's marital status was conclusively determined by the uncontested divorce decree of 28 February 2006, which remains binding and unchallenged by appeal or timely judicial review. Section 29 proceedings cannot be used to collaterally attack or disregard a final divorce decree. The Circuit Court was correct to strike out the proceedings, and no arguable case for judicial review exists.

Citation
[2022] IECA 102
Parties
Applicant/appellant: M. D; Intended Respondent: E. H. D
Jurisdiction
Ireland
Judgment Date
03 May 2022
Procedural Posture
Judicial Review Appeal / Appeal From Refusal of Leave to Apply for Judicial Review
Outcome
Appeal dismissed; leave to apply for judicial review refused.
Legal Topics
Divorce Decree Validity, Marital Status Declaration, Res Judicata, Jurisdiction of Circuit Court, Procedural Fairness
Family Law Judicial Review Divorce Decree Validity Marital Status Declaration Res Judicata Jurisdiction of Circuit Court Procedural Fairness

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Parties

M. D

Applicant/appellant

E. H. D

Intended Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Refusal of Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the applicant is entitled to declarations under section 29 of the Family Law Act 1995 regarding marital status and non-recognition of a divorce decree
  2. 2 Whether the Circuit Court erred in striking out the applicant's motion and proceedings without a full hearing or sufficient reasons
  3. 3 Whether the applicant can collaterally attack a final divorce decree via section 29 proceedings

Ratio Decidendi

The applicant's marital status was conclusively determined by the uncontested divorce decree of 28 February 2006, which remains binding and unchallenged by appeal or timely judicial review. Section 29 proceedings cannot be used to collaterally attack or disregard a final divorce decree. The Circuit Court was correct to strike out the proceedings, and no arguable case for judicial review exists.

Court Disposition

Appeal dismissed; leave to apply for judicial review refused.