A v B (Approved) [2023] IEHC 254 (11 May 2023)

A v B (Approved) [2023] IEHC 254 (11 May 2023)

Ms A demonstrated by her conduct, declarations, and permanent residence in Country Q that she had abandoned her Irish domicile of origin and acquired a domicile of choice in Country Q at the relevant date, satisfying the statutory and case-law requirements for recognition of the foreign divorce.

Citation
[2023] IEHC 254
Parties
Applicant/respondent: A; Respondent/appellant: B
Jurisdiction
Ireland
Judgment Date
11 May 2023
Procedural Posture
Appeal / High Court Judgment Affirming Circuit Court Decision
Outcome
Appeal dismissed; Circuit Court judgment affirmed.
Legal Topics
Domicile, Recognition of Foreign Divorces
Family Law Conflict of Laws Domicile Recognition of Foreign Divorces

Case Brief

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Parties

A

Applicant/respondent

B

Respondent/appellant

Procedural Posture

Appeal / High Court Judgment Affirming Circuit Court Decision

Legal Issues

  1. 1 Whether Ms A had abandoned her Irish domicile of origin and acquired a domicile of choice in Country Q at the date of institution of divorce proceedings in Country Q
  2. 2 Whether the divorce granted in Country Q can be recognised in Ireland under the Domicile and Recognition of Foreign Divorces Act 1986

Ratio Decidendi

Ms A demonstrated by her conduct, declarations, and permanent residence in Country Q that she had abandoned her Irish domicile of origin and acquired a domicile of choice in Country Q at the relevant date, satisfying the statutory and case-law requirements for recognition of the foreign divorce.

Court Disposition

Appeal dismissed; Circuit Court judgment affirmed.

Orders

  • Recognition of Ms A's divorce granted in Country Q under Irish law
  • Affirmation of Circuit Court order of 11 May 2022