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; both were merely resident. Under Irish law, as established by W v. W and the Domicile and Recognition of Foreign Divorces Act, 1986, residence alone is insufficient for recognition of a foreign divorce granted prior to 2 October 1986. Therefore, the English divorce is not entitled to recognition in Ireland.

Citation
[2001] 2 IR 399
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 and Residence, Judicial Separation, Property Adjustment Orders, Maintenance, Statutory Interpretation, Stare Decisis
Family Law Private International Law Constitutional Law Recognition of Foreign Divorces Domicile and 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 the English divorce between M. E. C. and J. A. C. is entitled to recognition in Ireland under Irish law
  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 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; both were merely resident. Under Irish law, as established by W v. W and the Domicile and Recognition of Foreign Divorces Act, 1986, residence alone is insufficient for recognition of a foreign divorce granted prior to 2 October 1986. Therefore, the English divorce is not entitled to recognition in Ireland.

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.