Foreign embassies instructed not to conduct ‘illegal’ marriage ceremonies

Foreign embassies have been instructed by Irish authorities not to conduct marriages on their premises because they will no longer be recognised here.

Internal Government briefing material states that marriages of foreign nationals at embassies have been taking place here for some time. It is estimated that as many as 3,000 weddings have taken places in embassies in recent years.

However, an internal document prepared for the secretary general of the Department of Social Protection states that while it is legal, in many instances, for foreign embassy marriages to take place under the law of the sending country, such marriages are not legal in Ireland.

“Foreign embassies in Ireland have been instructed not to conduct such marriage ceremonies,” it states.

“Similarly, civil partnerships which have taken place in foreign embassies would not be recognised under Irish law and therefore a retrospective validation of these partnerships is being considered.”

An amendment to the Civil Registration Act to provide for the recognition of marriages has been discussed at Government level, but it has not yet been published.

This Act requires all wedding ceremonies to be performed by an authorised registrar and to take place in a registered building, open to the public, to be legal and valid.

Diplomats from several EU states have expressed concern that unless the Government retrospectively legitimises the weddings, many couples’ marriages – which have already been recognised in their home countries – may have to be de-registered.

Under international rules, ceremonies deemed illegal in the country where they are performed cannot be recognised in the home country. The issue sparked a diplomatic row in 2010 with several EU states when the issue first came to light. While the Government pledged at the time to act, it has taken several years for any proposed legislation to emerge.

Convenience
Another amendment being planned involves new rules to help crack down on so-called sham marriages. A marriage of convenience involves a man and woman, often previously unknown to each other, marrying solely for the purpose of obtaining Irish or EU residency status for one of the parties.

The parties go their separate ways following the ceremony and there are, allegedly, financial considerations involved in many cases.

It is intended to introduce provisions that will make such marriages far more difficult to contract in the future.

In the meantime, updated guidelines for registrars involved in marriages contain requirements, including the verification of identity and marital status, which can assist in the prevention of marriages of convenience.

Another proposed amendment would update rules regarding the registration of Irish citizens who die while abroad. The deaths of Irish citizens abroad are currently only registered in Ireland if the death takes place on a ship or aircraft or if the deceased was a serving member of the Garda or Defence Forces.