How to check Irish Divorce Register?

Slickguy

Is there such a thing as a 'Divorce Registry' in Ireland?

My ex moved overseas and got a divorce there. I'm not sure if this is actually registered somehow in Ireland. Mainly I need to know because if I want to re-marry I have no idea if I'm 'marked down' as Divorced in some official Irish record.

Anybody know how to check?

Slickguy

Any lawyers out there who can give us a hint?

FishOnABike

Not a lawyer but I don't think there is a central register of divorces. This site https://www.brophysolicitors.ie/practice-areas/family-law-solicitors-dublin/recognition-of-foreign-divorces/ indicates "If either party is divorced, original final decrees in respect of all previous divorces and if it is in a foreign language you will need an English translation duly certified by an official body or recognised translation agency."

The need for original final decrees in respect of all previous divorces would imply to me that there is no central record of divorces maintained.

Slickguy

Hi Fish, thanks for that link, it's pretty comprehensive!

The bit I found most pertinent is this:

"Q. If I have to apply to court to obtain a declaration that my foreign divorce is valid, how much will it cost and how long will it take?

A. If the application to the Circuit Court is straightforward and if a barrister is not required then the fee is generally in the region of €1,500 plus VAT. Certain cases can become complex and time consuming and the fee can increase. The application will generally be concluded within three months provided there is no appeal.

That seems to imply that a 'formal declaration' is required in Ireland to make a foreign divorce valid here. I don't think that's been done in our case, so it isn't likely to be considered valid here until that's done.

FishOnABike

Depending on where the foreign divorce was obtained it may be automatically recognised https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/divorce_decrees.html#led987

Pherekydes

I was divorced in England and the state recognised the divorce when I remarried. Did you not receive a decree absolute from your ex or their solicitor?

Peregrinus

https://boards.ie/discussion/comment/117635456#Comment_117635456

There’s no general rule requiring you to apply to the Circuit Court for a declaration that your foreign divorce decree is recognised in Ireland. You only do this if you need to and, often, you don’t.

For an answer to his question, the OP needs to give two pieces of information — 1. What country did his ex get a divorce in? 2. What is her connection to that country?

If she got a divorce in an EU country and either (a) she was a resident of that country at the time or (b) she was a citizen of that country, then the divorce decree of the foreign court will usually be accepted by the Irish authorities without any need for a court application or other proceedings in Ireland. (The same would apply if he was the one who was resident in/a citizen of the EU country that granted the divorce, but I assume if that was the case he would have mentioned it in the the OP.)

If it’s a non-EU country, then the divorce is recognised in Ireland if she was domiciled in that country when the divorce was granted (or if he was but, again, I assume that’s not the case). Domicile is a stronger concept that residence; to be domiciled in a country you need to be settled there with the intention of remaining permanently, or to have been born there and not have permanently settled in any other country.

The question of whether the divorce is recognised in Ireland is most likely to arise in practice if and when the OP wants to marry again in Ireland. At that point the registrar will need to be satisfied that he is not currently married, so the OP will need to demonstrate to the registrar that the conditions for recognition of the foreign divorce are met. If he can’t satisfy the registrar about that then he may have to go to court and look for a declaration. But it’s only in a minority of cases that this is needed.

The OP presumably already has a copy of the decree of the foreign court dissolving his marriage. If he doesn’t, he should probably get one now and put it in a safe place; the longer you leave these things, the harder it becomes to get copies of old court records from foreign countries. And he should make notes of his ex’s connection with that country - whether she was born there, whether she’s a citizen there, when she returned to live there, whether she is permanently settled there. He may at some point need to, e.g., make a sworn declaration about these matters, to satisfy the registrar or in connection with court proceedings, so make a record of facts that might be useful or relevant before details and dates become hazy.  

Bannasidhe

Does anyone know if it is possible to check if divorced in Ireland.

Friend of mine is, as far as she is concerned, separated over 25 years but not divorced. No contact at all with (ex) husband who is in a long-term relationship for over 20 years and has children. She recently learned that he says he and his partner are married.

Now, friend would be delighted if he had divorced her. Thrilled to bits in fact. But she was never served with any papers. He may not have known where she lives but he knows where her parent's and brother live so he could have communicated via them. But no communication has ever been received.

She wants to know if there is any way she can find out once and for all as she is thinking of buying property and this could impact that - and she wants to make a will.

She is also uncomfortable thinking she may still be legally married to this man and this could cause an issue in the future with the inheritance of his farm and the disposal of the property she is thinking of buying. She does not want his farm, and she does not want him to have a claim on any property she buys.

She is prepared to begin divorce proceedings herself but wants to find out first if he did, in fact, divorce her as he claims to friends.

How can she find out?