McG. (G.) v. W. (D.) (No.I) [1999] IEHC 77; [2000] 1 IR 96; [2000] 1 ILRM 107 (14th January, 1999)

McG. (G.) v. W. (D.) (No.I) [1999] IEHC 77; [2000] 1 IR 96; [2000] 1 ILRM 107 (14th January, 1999)

The English divorce of 1985 is entitled to recognition in Ireland because the Notice Party was ordinarily resident in England for over a year prior to the proceedings, and current Irish public policy and statutory law support recognition of foreign divorces based on residence as well as domicile. The common law rule should be developed to reflect these changes, avoiding limping marriages and injustice.

Citation
[1999] IEHC 77
Parties
Petitioner: Mr. McG; Respondent: Miss W.; Notice Party: Miss C. (Mrs R.)
Jurisdiction
Ireland
Procedural Posture
Petition for Decree of Nullity / Application for Recognition of Foreign Divorce / High Court Judgment
Outcome
Petition granted; English divorce recognized; subsequent marriages valid.
Legal Topics
Recognition of Foreign Divorces, Nullity of Marriage, Domicile, Public Policy, Jurisdiction
Family Law Conflict of Laws Recognition of Foreign Divorces Nullity of Marriage Domicile Public Policy Jurisdiction

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Parties

Mr. McG

Petitioner

Miss W.

Respondent

Miss C. (Mrs R.)

Notice Party

Procedural Posture

Petition for Decree of Nullity / Application for Recognition of Foreign Divorce / High Court Judgment

Legal Issues

  1. 1 Whether the 1985 English divorce between the Petitioner and the Notice Party is entitled to recognition in Ireland
  2. 2 Whether subsequent marriages are valid under Irish law

Ratio Decidendi

The English divorce of 1985 is entitled to recognition in Ireland because the Notice Party was ordinarily resident in England for over a year prior to the proceedings, and current Irish public policy and statutory law support recognition of foreign divorces based on residence as well as domicile. The common law rule should be developed to reflect these changes, avoiding limping marriages and injustice.

Court Disposition

Petition granted; English divorce recognized; subsequent marriages valid.

Orders

  • The English divorce of 12 February 1985 is recognized under Irish law.
  • The marriage between the Petitioner and the Respondent is valid.