C. (M.E.) v. C. (J.A.) [2001] IEHC 68; [2001] 2 IR 399 (9th March, 2001)

C. (M.E.) v. C. (J.A.) [2001] IEHC 68; [2001] 2 IR 399 (9th March, 2001)

Neither party to the English divorce was domiciled in England at the time of the divorce; residence alone is insufficient for recognition of a foreign divorce in Ireland for divorces granted prior to 2 October 1986. The English divorce is not entitled to recognition in Ireland. The High Court cannot judicially extend the statutory rules of recognition for foreign divorces granted after the 1986 Act.

Citation
[2001] IEHC 68
Parties
Applicant: M. E. C.; Respondent: J. A. C.; Notice Party/applicant in Related Proceedings: J. O. C.; Intervener: Attorney General
Jurisdiction
Ireland
Procedural Posture
Family Law (recognition of Foreign Divorce, Judicial Separation, Property Adjustment, Maintenance) / High Court Judgment After Oral and Written Submissions
Outcome
Declaration granted that the English divorce is not entitled to recognition in Ireland.
Legal Topics
Recognition of Foreign Divorces, Domicile Vs Residence, Judicial Separation, Property Adjustment Orders, Maintenance, Stare Decisis, Legislative Vs Judicial Law Making
Family Law Private International Law Constitutional Law Recognition of Foreign Divorces Domicile Vs Residence Judicial Separation Property Adjustment Orders Maintenance +2 more

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Parties

M. E. C.

Applicant

J. A. C.

Respondent

J. O. C.

Notice Party/applicant in Related Proceedings

Attorney General

Intervener

Procedural Posture

Family Law (recognition of Foreign Divorce, Judicial Separation, Property Adjustment, Maintenance) / High Court Judgment After Oral and Written Submissions

Legal Issues

  1. 1 Whether a divorce granted by an English court in 1980 between Irish parties is entitled to recognition in Ireland
  2. 2 Whether either party was domiciled in England at the time of the English divorce
  3. 3 Whether residence alone is sufficient for recognition of a foreign divorce under Irish law prior to the Domicile and Recognition of Foreign Divorces Act, 1986

Ratio Decidendi

Neither party to the English divorce was domiciled in England at the time of the divorce; residence alone is insufficient for recognition of a foreign divorce in Ireland for divorces granted prior to 2 October 1986. The English divorce is not entitled to recognition in Ireland. The High Court cannot judicially extend the statutory rules of recognition for foreign divorces granted after the 1986 Act.

Court Disposition

Declaration granted that the English divorce is not entitled to recognition in Ireland.

Orders

  • Declaration that the English divorce between M. E. C. and J. A. C. is not entitled to recognition within the State.
  • Appropriate consequential orders to be made.