The recast of the Brussels IIa Regulation—now known as Brussels IIb or Regulation EU 2019/1111—marks a significant step forward in the European Union’s commitment to enhancing the efficiency and consistency of cross-border family law, particularly divorces.
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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