K. (P.) (Orse. C. (P.)) v. K. (T.) [2000] IEHC 211 (14th April, 2000)

K. (P.) (Orse. C. (P.)) v. K. (T.) [2000] IEHC 211 (14th April, 2000)

The Applicant was domiciled in New York at the time of the 1980 divorce, having reverted to her domicile of origin by residing there from 1977 and maintaining her residence for over 22 years. The New York divorce is valid and recognizable in Ireland as per the test of domicile. There was no sufficient evidence of...

Source-derived case information.

Citation
[2000] IEHC 211
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Jurisdiction
Ireland
Procedural Posture
Divorce Recognition / Preliminary Issue / High Court Judgment
Outcome
The New York divorce is valid and recognized in Ireland.
Legal Topics
Recognition of Foreign Divorce, Domicile, Jurisdiction, Ancillary Relief
Family Law Private International Law Recognition of Foreign Divorce Domicile Jurisdiction Ancillary Relief

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Summary, issues, holding and outcome

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Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Divorce Recognition / Preliminary Issue / High Court Judgment

Legal Issues

  1. 1 Whether the New York divorce granted in 1980 is valid and recognizable in Ireland having regard to the Applicant's domicile at the time of the divorce
  2. 2 Whether the Applicant was domiciled in New York or Ireland at the relevant time
  3. 3 Whether duress or lack of independent legal advice invalidates the foreign divorce

Ratio Decidendi

The Applicant was domiciled in New York at the time of the 1980 divorce, having reverted to her domicile of origin by residing there from 1977 and maintaining her residence for over 22 years. The New York divorce is valid and recognizable in Ireland as per the test of domicile. There was no sufficient evidence of duress or lack of independent legal advice to invalidate the divorce.

Court Disposition

The New York divorce is valid and recognized in Ireland.