Sir, - I am an English divorce lawyer and have just visited Dublin for a course on your new divorce laws. One striking difference between the two jurisdictions is the complete opposition between the concepts of a clean break between adults in Ireland. The Irish courts also only recognise foreign decrees of divorce if they are based on the complex and demanding concept of domicile. English divorces are based on residence, which is a much easier requirement to satisfy. This technicality means that there will be Irish nationals who have a divorce which they believe is now going to be recognised in the Republic, when this is not the case - and in truth they are in danger of the previous partner having a bite of the cherry because the clean break effected through the English courts will not be effective there. On the other hand, any Irish national who is truly domiciled in England and who wants a clean break on divorce would be far better using the English procedure.
I am not sure if these complications have been considered, but as there are so many Irish nationals who are affected by divorces which have been made in the English or indeed Scottish jurisdiction, I feel this may well be a point of interest to your readers. - Yours, etc.,
Penny J. Raby
High Street, Pershore, Worcestershire.