T. (D.) v. L. (F.) & Anor [2003] IESC 59 (26 November 2003)

T. (D.) v. L. (F.) & Anor [2003] IESC 59 (26 November 2003)

The husband failed to discharge the burden of proof that he had abandoned his Irish domicile of origin and acquired a domicile of choice in the Netherlands at the relevant time; thus, the Dutch divorce decree is not entitled to recognition in Ireland.

Citation
[2003] IESC 59
Parties
Applicant / Respondent: D. T.; Respondent / Appellant: F. L.; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
26 November 2003
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Preliminary Issue
Outcome
Appeal dismissed; order of the High Court affirmed.
Legal Topics
Recognition of Foreign Divorces, Domicile, Judicial Separation, Burden of Proof
Family Law Private International Law Recognition of Foreign Divorces Domicile Judicial Separation Burden of Proof

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Parties

D. T.

Applicant / Respondent

F. L.

Respondent / Appellant

The Attorney General

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Preliminary Issue

Legal Issues

  1. 1 Whether the husband had acquired a domicile of choice in the Netherlands at the relevant time for recognition of a Dutch divorce decree under Irish law
  2. 2 Whether the Dutch divorce decree is entitled to recognition in Ireland under the Family Law Act, 1995

Ratio Decidendi

The husband failed to discharge the burden of proof that he had abandoned his Irish domicile of origin and acquired a domicile of choice in the Netherlands at the relevant time; thus, the Dutch divorce decree is not entitled to recognition in Ireland.

Court Disposition

Appeal dismissed; order of the High Court affirmed.

Orders

  • Dutch divorce decree not recognised in Ireland
  • No remittal to High Court for further hearing