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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• Naturalised Irish Citizen but living abroad?  Now read on…

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.

1. Automatically an Irish citizen

A child will automatically be an Irish citizen if:

• They were born on the island of Ireland before 2005
• They were born abroad to an Irish citizen parent who was born on the island of Ireland before 2005
• They were born in Ireland and their parent was living in Ireland for 3 of the 4 years immediately prior to their child’s birth
• They have been adopted by an Irish citizen

In these cases the child may simply apply for an Irish passport from the Irish Passport Office.

2. Eligible for Irish citizenship but application required

A child under 16 may be eligible to apply for Irish citizenship if:

• One of their parents has already been granted Irish citizenship through naturalisation;
• They are of Irish descent or have Irish associations, and have a period of reckonable residence in Ireland (usually at least 3 years); or
• They were born in Ireland after 1 January 2005 and have since accumulated 3 years of reckonable residence in Ireland

‘Reckonable’ residence means time spent in Ireland on an immigration stamp which can be counted towards a citizenship application – not all types of immigration stamp are reckonable.

In these cases, the child’s parent, guardian or a person acting ‘in loco parentis’ must apply for Naturalisation on their child’s behalf to the Department of Justice. If the application is granted the child will then be an Irish citizen entitled to apply for an Irish passport.

A child may also be eligible for Irish citizenship if:

• They have a grandparent who was born on the island of Ireland; or
• They have a parent who, though born abroad, was an Irish citizen at the time of their child’s birth

In this case, the child’s parent or guardian can submit a Foreign Birth Registration application on their child’s behalf to the Department of Foreign Affairs. If the application is granted the child’s name will be entered onto the Register of Foreign Births, and they will then be an Irish citizen eligible to apply for an Irish passport.

If you would like more information on the above or would like our assistance with a citizenship or passport application for your child, please do not hesitate to contact our highly experienced team of immigration professionals at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

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.

1. Obtain a Divorce decree or a Judicial Separation order so that you will be in a position to move on with the rest of your life.

2. If you have children, make sure that proper provision is made for them in respect of custody and access. This will help to provide routine for the children and will hopefully lessen the impact of the separation/divorce.

3. Ensure that maintenance for you, as the spouse and any children (if applicable) is covered in your divorce/separation, in order to provide some form of financial stability.

4. Make sure that the division of all of the assets of the marriage is addressed in the separation/divorce, both in respect of property and finances.

5. Obtain pension adjustment orders, where necessary, as this is an area which can have a huge impact on one’s quality of life when one gets older.

6. Ensure that your divorce/separation provides for the waiver of succession rights so that when you die, your estate will be distributed as per your will, without a claim being made against it by your former spouse.

At McGrath McGrane LLP we have the experience and expertise to ensure that your separation or divorce is as painless as possible. We appreciate that this is a very difficult time for our clients. Accordingly, we will go out of our way to provide our clients with concise legal advice in an efficient and humane way, in order to achieve the best outcome possible.

If you need legal advice in respect of a Family Law matter, please contact us at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.