EU divorces to be recognised

The Minister for Justice has signed an EU convention which will allow for divorces and other matrimonial proceedings in other…

The Minister for Justice has signed an EU convention which will allow for divorces and other matrimonial proceedings in other EU countries to be recognised in the Republic.Similarly, Irish legal separations, divorces and annulments will be recognised in other EU countries.Until now EU and other foreign divorces could only be recognised in Ireland if a number of conditions were met, particularly relating to domicile.Before the passing of the divorce amendment, legislation was passed regulating the recognition of foreign divorces under certain circumstances.However, individuals divorced in one EU country, and attempting to remarry here, have still on occasion had to seek an Irish divorce as well.The Brussels II Convention will, when adopted by all member-states of the EU, set down basic rules of jurisdiction for the courts in which matrimonial proceedings can be heard.A decision given in accordance with the proper jurisdiction will then be entitled to recognition in all other member-states, although there are certain limited exceptions.The convention also means that issues relating to parental responsibility decided in the course of matrimonial proceedings have the force of law in the different member-states.Mr O'Donoghue said that the convention would give certainty to separating and divorcing couples, particularly where the individuals come from different national backgrounds.New legislation and amendment of the present law governing the recognition of foreign divorces will be needed as a result of adopting the convention, he said.