H.A.H -v- S.A.A. & ors [2017] IESC 40 (15 June 2017)

H.A.H -v- S.A.A. & ors [2017] IESC 40 (15 June 2017)

Irish law does not recognise as valid a polygamous marriage contracted abroad, even if valid under the law of the place of celebration and domicile, because such recognition would be fundamentally at variance with the Irish constitutional and public policy understanding of marriage as a monogamous union. However, the Court acknowledges that limited de facto recognition for certain practical purposes may be possible, preferably by legislative action.

Citation
[2017] IESC 40
Parties
Applicant: H. A. H.; Respondent: S. A. A.; 1st Notice Party: The Attorney General; 2nd Notice Party: S. A. H.
Jurisdiction
Ireland
Judgment Date
15 June 2017
Procedural Posture
Appeal (family Law) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Recognition of Foreign Marriages, Polygamous Marriage, Public Policy Exception, Family Reunification, Capacity to Marry
Family Law Private International Law Conflict of Laws Constitutional Law Recognition of Foreign Marriages Polygamous Marriage Public Policy Exception Family Reunification +1 more

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Parties

H. A. H.

Applicant

S. A. A.

Respondent

The Attorney General

1st Notice Party

S. A. H.

2nd Notice Party

Procedural Posture

Appeal (family Law) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Irish law recognises a polygamous marriage validly contracted abroad for the purposes of conferring marital status and associated rights within the State.
  2. 2 Whether public policy in Ireland prohibits recognition of such marriages, even if valid under the law of the place of celebration and domicile.
  3. 3 Whether the refusal to recognise such marriages is required or merely permitted by the Irish Constitution.

Ratio Decidendi

Irish law does not recognise as valid a polygamous marriage contracted abroad, even if valid under the law of the place of celebration and domicile, because such recognition would be fundamentally at variance with the Irish constitutional and public policy understanding of marriage as a monogamous union. However, the Court acknowledges that limited de facto recognition for certain practical purposes may be possible, preferably by legislative action.

Court Disposition

Appeal allowed

Orders

  • Declaration that the marriage was not entitled to recognition as a valid marriage under Irish law for the purposes of conferring marital status and associated rights.
  • No order for recognition of polygamous marriage as valid under Irish law.