W v C (Approved) [2024] IEHC 684 (17 October 2024)

W v C (Approved) [2024] IEHC 684 (17 October 2024)

The respondent was domiciled in Arizona at the time of the commencement of the annulment proceedings, satisfying the requirements for recognition under Irish law. There was no evidence of collusion or substantial injustice. The Arizona decree of nullity is entitled to recognition in Ireland.

Citation
[2024] IEHC 684
Parties
Applicant: W; Respondent: C; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
17 October 2024
Procedural Posture
Family Law Application for Recognition of Foreign Annulment / Final Judgment
Outcome
Declaration granted
Legal Topics
Recognition of Foreign Annulment, Domicile, Nullity of Marriage, Jurisdiction, Collusion
Family Law Private International Law Recognition of Foreign Annulment Domicile Nullity of Marriage Jurisdiction Collusion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

W

Applicant

C

Respondent

Attorney General

Notice Party

Procedural Posture

Family Law Application for Recognition of Foreign Annulment / Final Judgment

Legal Issues

  1. 1 Whether a decree of nullity granted in Arizona is entitled to recognition in Ireland under s.29(1)(d) of the Family Law Act 1995
  2. 2 Whether the respondent was domiciled in Arizona at the commencement of the nullity proceedings
  3. 3 Whether there was collusion or substantial injustice in the Arizona proceedings

Ratio Decidendi

The respondent was domiciled in Arizona at the time of the commencement of the annulment proceedings, satisfying the requirements for recognition under Irish law. There was no evidence of collusion or substantial injustice. The Arizona decree of nullity is entitled to recognition in Ireland.

Court Disposition

Declaration granted

Orders

  • Declaration pursuant to s.29(1)(d) Family Law Act 1995 that the Arizona annulment is entitled to recognition in Ireland
  • Costs to be determined