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 under Irish law because the Notice Party was ordinarily resident in England for more than one year at the time of the proceedings, and current Irish public policy and statutory changes support extending the recognition rule beyond domicile to include ordinary residence. This avoids limping marriages and reflects the modern legal context.

Citation
[2000] 1 ILRM 107
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
English divorce recognised; subsequent marriages valid; criminal investigations to cease.
Legal Topics
Recognition of Foreign Divorces, Domicile, Nullity, Marital Status, Public Policy
Family Law Conflict of Laws Recognition of Foreign Divorces Domicile Nullity Marital Status Public Policy

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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 Is the 1985 English divorce between the Petitioner and the Notice Party entitled to recognition under Irish law?
  2. 2 Are the subsequent marriages valid under Irish law?
  3. 3 Should the common law rule of recognition be extended to include ordinary residence as a basis, reflecting statutory changes?

Ratio Decidendi

The English divorce of 1985 is entitled to recognition under Irish law because the Notice Party was ordinarily resident in England for more than one year at the time of the proceedings, and current Irish public policy and statutory changes support extending the recognition rule beyond domicile to include ordinary residence. This avoids limping marriages and reflects the modern legal context.

Court Disposition

English divorce recognised; subsequent marriages valid; criminal investigations to cease.

Orders

  • Declaration that the 1985 English divorce is recognised under Irish law.
  • Declaration that the marriage between Petitioner and Respondent is valid.