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.

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Replacing Brussels IIa, the regulation introduces two systems: 

• General Regime: Applies broadly to family law decisions. 
• Privileged Regime: Focuses on child return and access rights. 

A key jurisdictional shift is from domicile to habitual residence, emphasizing factual residence over intent to remain. However, domicile still matters in certain contexts, especially where national laws or non-EU cases apply. 

In Ireland, foreign divorces are recognized under the Domicile and Recognition of Foreign Divorces Act 1986, which requires that one spouse was domiciled in the granting country at the time proceedings began. This contrasts with the EU’s broader use of residency. 

For disputes over marital status or divorce recognition in Ireland, individuals may seek a court declaration under Section 29 of the Family Law Act 1995. 

If you are in need of legal assistance with your divorce, please do not hesitate to contact us at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

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1. Living Apart for two of the past three years

You and your spouse must have lived apart for at least two of the previous three years. Living apart does not require separate homes—you can live in the same house as long as your relationship is no longer intimate or committed. The court assesses not only physical separation but also the nature of your relationship.

2. Residency in Ireland

To establish jurisdiction, you or your spouse must:

• Permanently reside in Ireland, or
• Have lived in Ireland for at least one year before filing for divorce.

3. No reasonable chance of reconciliation

The court must be satisfied that your marriage has irretrievably broken down, with no realistic prospect of reconciliation. This must be demonstrated through sworn evidence, which reflects your specific circumstances.

If you would like more information or need assistance with your divorce application, please contact our experienced legal team at 01 873 5012 or info@mcgrathmullan.ie. We are here to support you every step of the way.

The Domicile and Recognition of Foreign Divorces Act 1986 (as amended) governs this particular issue since the act came into operation on the 2nd October 1986. Section 5 of this act provides that a foreign divorce may only be recognised in Ireland, if the foreign divorce was granted in the country where either spouse was domiciled, on the date the divorce proceedings were instituted.

The concept of “domicile” can often cause difficulty. Establishing one’s domicile can depend on a number of factors, including an assessment of the intention of a person to remain indefinitely in a foreign jurisdiction. In other jurisdictions, the situation is less complex as the entitlement to have a divorce recognised often depends on fulfilling the requirement that one of the spouses was resident in the state where the divorce is granted, at the time the divorce proceedings are issued, as opposed to being domiciled in that state.

Where a Divorce is granted in an EU state, the matter is less complex. Generally, an EU divorce will be automatically recognised in Ireland without the necessity for an application to be made to a Court in Ireland. Since the 1st March 2001, this area of law, when dealing with EU member states, is governed by EU Council Regulation 2201/2003 (also known as the Brussels II bis or Brussels II a Regulation). However, if there is a dispute as to whether or not the foreign divorce should be recognised in Ireland, section 29 of the Family Law Act 1995 allows a person to make an application to the Court, for a declaration in relation to marital status and this includes the application for a declaration as to whether or not a foreign divorce is entitled to be recognised in Ireland.

If you have a query regarding the recognition of your foreign divorce or indeed any other family law issue, contact McGrath Mullan at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Parties can choose to enter into a legally binding separation agreement whereby you and your partner can negotiate your own separation. If you are unable to agree matters, you can seek a separation by Order of the Court to define the terms of your separation. A legal separation will not however change your marital status. Parties will remain married in the eyes of the law until a decree of divorce is granted by the courts.

The Family Law Act 2019 came into force on the 1st on December 2019 amending various sections of preceding family law legislation, including the Family Law (Divorce) Act 1996. Under the new legislation, married couples can now apply to the courts to initiate divorce proceedings after a period of 2 years subject to certain conditions being met.

• The court must be satisfied that the spouses have lived apart for at least 2 of the previous 3 years.

• There must be no prospect of reconciliation.

• The court must also be satisfied that proper provision has been made for any dependent members of the family.

Once a Divorce Decree has been granted by the Court, each party is then free to remarry.

If you would like some advice in relation to these recent changes, assistance on reaching an agreement or initiating court proceedings for separation or divorce please feel free to contact us on 01-8735012, at info@mcgrathmullan.ie.