EU Regulations The position among EU states is now governed by EU regulations. It applies to foreign divorces granted after 1st March 2001 in the original 15 EU states. After May 2004, it was extended to the 10 new EU accession states and states and the three states that later acceded. The Regulation is part of the general Brussels II Regulation on the recognition of […]
Matrimonial and parental responsibility judgments — jurisdiction, recognition and enforcement Regulation (EU) 2019/1111 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction It repeals Regulation (EC) No 2201/2003, known as ‘The Brussels IIa Regulation’, to provide more effective rules protecting children and their parents caught up in cross-border parental-responsibility disputes, for example concerning […]
Law applicable to divorce and legal separation Regulation (EU) No 1259/2010 — law applicable to divorce and legal separation It establishes a single set of rules to determine which national law should apply to proceedings for divorce or legal separation involving spouses who are of different nationality, live in a country different from their country of nationality or no longer live in the same EU […]
Maintenance obligations The Regulation covers cross-border maintenance applications arising from family relationships. It establishes common rules for the entire European Union (EU) aiming to ensure recovery of maintenance claims even where the debtor or creditor is in another EU country. Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance […]
Background The issue of recognition of divorce is of potentially great significance. Formerly, prior to the below amendments, the basis upon which a divorce was recognised in Ireland was extremely limited. Following the divorce referenda and European legislation, the position has been radically altered. The Constitution originally contained a provision prohibiting the enactment of a law allowing for the dissolution of marriage. To further support the […]
Formalities – Place of Marriage 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 […]
Overview Brussels II bis deals with jurisdiction in matters of parental responsibility. Parental responsibility is defined as rights and duties relating to the person or property of a child that are given to a natural or legal person by judgment, by operation of law, or by agreement having a legal effect. They include matters of custody and access. Subject to the following, the courts of […]
Brussels II 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 habitually resides there or the respondent is habitually resident or in […]