S. (Orse A.B.) -v- R.B. [2001] IESC 106 (19 December 2001)

S. (Orse A.B.) -v- R.B. [2001] IESC 106 (19 December 2001)

The Supreme Court held that the High Court judge acted within his discretion in refusing an adjournment except on terms, given the history of the case. The wife was not denied fair procedures or legal representation by the court. On the nullity issue, the German divorce could not be recognised in Ireland as neither party was domiciled in Germany at the time of the divorce, rendering the subsequent marriage invalid under Irish law.

Citation
[2001] IESC 106
Parties
Appellant/respondent: A. S. (otherwise A. B.); Respondent/petitioner: R. B.
Jurisdiction
Ireland
Judgment Date
19 December 2001
Procedural Posture
Appeal (family Law: Nullity, Guardianship, Costs) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Recognition of Foreign Divorces, Domicile, Nullity of Marriage, Guardianship and Custody, Fair Procedures, Legal Representation, Costs
Family Law Private International Law Recognition of Foreign Divorces Domicile Nullity of Marriage Guardianship and Custody Fair Procedures Legal Representation +1 more

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Parties

A. S. (otherwise A. B.)

Appellant/respondent

R. B.

Respondent/petitioner

Procedural Posture

Appeal (family Law: Nullity, Guardianship, Costs) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court proceedings were conducted in breach of fair procedures and the right to legal representation
  2. 2 Whether the High Court was correct in law in granting a decree of nullity based on non-recognition of a German divorce

Ratio Decidendi

The Supreme Court held that the High Court judge acted within his discretion in refusing an adjournment except on terms, given the history of the case. The wife was not denied fair procedures or legal representation by the court. On the nullity issue, the German divorce could not be recognised in Ireland as neither party was domiciled in Germany at the time of the divorce, rendering the subsequent marriage invalid under Irish law.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Decree of nullity affirmed; marriage between A. S. and R. B. not valid in Irish law
  • Custody of minor child Ru. to remain with husband; access to be reviewed after counselling