The EU Judgment Regulation allows for almost automatic recognition of judgments between EU Member States. The judgment Regulation is directly effective law in all of the European Union Member States. It overrides any inconsistent laws. A judgment is any order given by a Court or tribunal of an EU member state. It does not matter what it is called. There must be a final judgment. […]
In non-EU cases, recognition of judgments is not automatic. An application must be made to court. The common law rules in relation to recognition and enforcement apply where one of the parties is not EU domiciled. The recognition is not between EU and where the recognition does not relate to an EU judgment. Recognition of a judgment / court order is required for enforcement. The […]
The Constitution originally contained provision prohibiting the enactment of a law allowing for the dissolution of marriage. This was ultimately replaced in 1995 by an article allowing divorce in certain (limited) circumstances. at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five […]
The well-established principle is that the formalities of marriage are governed by the place where the marriage ceremony takes place. The validity is determined by the laws of that jurisdiction only. Even if a marriage might be valid in the same circumstances domestically it would be invalid, if not valid in accordance with the laws of the place where the marriage is celebrated. The general […]
The Brussels II Regulation provides the general jurisdiction of courts for the purpose of recognition of judgments and orders within the EU. Jurisdiction lies with the courts of the member state in whose territories the spouse is habitually resident or where the spouses were last habitually insofar as one of them still is habitually resides there or the respondent is habitually resident or in the […]
European Union Rules European Union law requires every EU State to recognise and enforce the court orders of courts of other member States. This means that Irish court orders can be enforced against assets, property and persons in other EU states and that equally court orders issued by EU courts can be enforced in Ireland. A Court in one state will not generally reopen another […]