T. -v- L. [2018] IESC 26 (09 May 2018)

T. -v- L. [2018] IESC 26 (09 May 2018)

The Irish courts are entitled to grant a decree of divorce where a prior foreign divorce is not recognised under Irish law, as neither the Domicile and Recognition of Foreign Divorces Act 1986 nor applicable EU law (including the TFEU and the Lisbon Treaty) preclude such jurisdiction. The relevant EU regulations and treaties do not apply retrospectively to the 1994 foreign divorce, and the existence of two judgments is not irreconcilable in Irish law where the foreign decree is not recognised. There is no breach of EU law or impediment to free movement rights in these circumstances.

Citation
[2018] IESC 26
Parties
Applicant/respondent: T.; Respondent/appellant: L.
Jurisdiction
Ireland
Judgment Date
09 May 2018
Procedural Posture
Appeal (family Law Divorce) / Supreme Court Judgment on Appeal From Court of Appeal, Following Prior High Court and Supreme Court Proceedings
Outcome
Appeal dismissed
Legal Topics
Recognition of Foreign Divorces, Domicile and Habitual Residence, Jurisdiction of Irish Courts, Effect of EU Treaties on Family Law, Mutual Recognition of Judgments
Family Law Private International Law European Union Law Recognition of Foreign Divorces Domicile and Habitual Residence Jurisdiction of Irish Courts Effect of EU Treaties on Family Law Mutual Recognition of Judgments

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Parties

T.

Applicant/respondent

L.

Respondent/appellant

Procedural Posture

Appeal (family Law Divorce) / Supreme Court Judgment on Appeal From Court of Appeal, Following Prior High Court and Supreme Court Proceedings

Legal Issues

  1. 1 Whether Irish courts can grant a decree of divorce where a prior foreign divorce is not recognised in Ireland
  2. 2 Whether EU law (including the Lisbon Treaty and TFEU) precludes the Irish courts from granting a divorce inconsistent with a prior foreign decree
  3. 3 Whether the existence of two irreconcilable divorce judgments impedes free movement rights under EU law

Ratio Decidendi

The Irish courts are entitled to grant a decree of divorce where a prior foreign divorce is not recognised under Irish law, as neither the Domicile and Recognition of Foreign Divorces Act 1986 nor applicable EU law (including the TFEU and the Lisbon Treaty) preclude such jurisdiction. The relevant EU regulations and treaties do not apply retrospectively to the 1994 foreign divorce, and the existence of two judgments is not irreconcilable in Irish law where the foreign decree is not recognised. There is no breach of EU law or impediment to free movement rights in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Decree of divorce granted by the High Court affirmed
  • Ancillary relief orders of the High Court affirmed