When someone dies with Irish Assets, Irish law gives certain rights to their spouse ie. a share of their estate. But what if that person was divorced abroad? If Ireland doesn’t recognise the divorce, the former spouse might still be treated as a legal spouse and therefore could seek to claim part of the estate. This can cause difficulties for executors and beneficiaries.
Under the Domicile and Recognition of Foreign Divorces Act 1986, Ireland will recognise a foreign divorce if it was granted in a country where either spouse was legally domiciled when the divorce was initiated. For divorces before 1986, older court rules apply.
Why It’s Important:
If the divorce isn’t recognised:
- The ex-spouse may have legal rights to the estate.
- Executors could face delays, disputes, or even Legal Proceedings against the Estate.
What should be done:
- Check if the deceased was divorced and if that divorce is valid in Ireland.
- Confirm where the spouses were domiciled at the time of the divorce.
- If there’s any doubt, get an Irish court ruling before distributing the estate.
Recognising foreign divorces isn’t just a technical detail—it’s essential to make sure the estate is divided correctly and to avoid costly mistakes
If you would like to speak to us about this or any other legal issue, please contact us at info@mcgrathmullan.ie.
More Probate Articles from McGrath Mullan LLM:
- Affidavit of testamentary capacity
- Wills and a Child’s Entitlements
- Probate: 10 steps to kick-start the administration process
- The Importance of Making a Will
- Citations in Probate: What to Do When an Executor Delays Grant of Probate
- Wills and a Spouse’s Legal Right Share
- Irish Grant of Probate, foreign domicile.
- Probate and the Rights of Co-Habitants