Is a divorce served in the US recognised in Ireland if we are not separated 4 years?

soon2bdivorced

Howdy

Regular poster going anon for this...

So me and the wife are separated and want a divorce. Things are as amicable as one could expect, and no kids, no property, absolutely nothing being contested.

We are not separated 4 years though. She is a US national and I'm an Irish national. She is gone back to the States and will serve me over there where the laws are different.

Will Ireland recognise the divorce if we're not separated 4 years?

Circuit court folks seemed a bit clueless bless 'em. Not a huge amount of info online. I did find this below but I'm still not clear to say the least.

Thanks for any pointers.

"As a general rule, a foreign divorce will be recognised if it can be shown that
(i) one or both parties were habitually resident in the country where the divorce, separation, marriage or annulment has been obtained,
(ii) there is common nationality,
Foreign divorces will be recognised in Ireland if either the husband or the wife was domiciled in the State granting the divorce at the date when the divorce proceedings issued. Either party can apply for the divorce even if the person applying was not domiciled in the country granting the divorce. For instance if your husband is an American citizen and is domiciled in America but you are domiciled in Ireland, you can still apply for a divorce in America and it will be recognised in Ireland even though you yourself are not domiciled in the America. As long as one of the two parties is domiciled in the USA then the divorce should be recognised here.

You also have to comply with the laws of the other country when obtaining a divorce there. For instance if a country such as the UK says that you are entitled to a divorce if you have been permanently resident in the country for the previous 12 months and an Irish person travels to the UK and lives there for two months but says that they have been living there for 12 months, then that divorce will not be recognised in Ireland."

sffc

soon2bdivorced wrote: »

Howdy

Regular poster going anon for this...

So me and the wife are separated and want a divorce. Things are as amicable as one could expect, and no kids, no property, absolutely nothing being contested.

We are not separated 4 years though. She is a US national and I'm an Irish national. She is gone back to the States and will serve me over there where the laws are different.

Will Ireland recognise the divorce if we're not separated 4 years?

Circuit court folks seemed a bit clueless bless 'em. Not a huge amount of info online. I did find this below but I'm still not clear to say the least.

Thanks for any pointers.

"As a general rule, a foreign divorce will be recognised if it can be shown that
(i) one or both parties were habitually resident in the country where the divorce, separation, marriage or annulment has been obtained,
(ii) there is common nationality,
Foreign divorces will be recognised in Ireland if either the husband or the wife was domiciled in the State granting the divorce at the date when the divorce proceedings issued. Either party can apply for the divorce even if the person applying was not domiciled in the country granting the divorce. For instance if your husband is an American citizen and is domiciled in America but you are domiciled in Ireland, you can still apply for a divorce in America and it will be recognised in Ireland even though you yourself are not domiciled in the America. As long as one of the two parties is domiciled in the USA then the divorce should be recognised here.

You also have to comply with the laws of the other country when obtaining a divorce there. For instance if a country such as the UK says that you are entitled to a divorce if you have been permanently resident in the country for the previous 12 months and an Irish person travels to the UK and lives there for two months but says that they have been living there for 12 months, then that divorce will not be recognised in Ireland."

As a regular poster surely you know we can't give legal advice? ??

soon2bdivorced

I know that yeah - I wasn't looking for legal advice (at least I didn't feel like I was) - I was just wondering is it done or not. IE does an American divorce supersede Irish rules?

Surely it's a yes or no thing?

For example in another thread there was an issues arising on whether you had to be legally separated to get a divorce - this was roundly discussed without anyone interjecting...is that not similar to what I'm asking?

Ken.

What I'm getting from the cc stuff you posted is that its you that needs to start the proceedings in the U.S.(For instance if your husband is an American citizen and is domiciled in America but you are domiciled in Ireland, you can still apply for a divorce in America and it will be recognised in Ireland even though you yourself are not domiciled in the America). The bold bit to me suggests its you rather than your wife that needs to start it.

Taltos

Please seek legal advice - your quote is open to interpretation that with the best will in the world no-one here is qualified to provide.
This should only take one meeting to put your mind at ease, a lot more than Joe Anon here telling you it is OK only for you to be arrested for bigamy down the line...

Thread closed.