Divorce Law - Ireland

Ireland

The largely Catholic population of Ireland has tended to be averse to divorce. The position has changed in recent times with a sizeable increase in the number of divorces granted by the Irish Courts. Divorce was prohibited by the 1937 Constitution. While in 1986 the electorate rejected the possibility of allowing divorce in a referendum, the prohibition was ultimately repealed by a 1995 referendum which repealed the prohibition on divorce, despite Church opposition. Laws to give effect to the new position came into effect in 1997, making divorce possible for parties who are separated for four out of the preceding five years. Divorce will not be granted in the Republic of Ireland for any other criteria. It is more difficult to obtain a divorce in Ireland than in other jurisdictions.

A couple must be separated for four of the preceding five years before they can obtain a divorce. It is sometimes possible to be considered separated while living under the same roof.

Divorces obtained outside Ireland are only recognised by the State if either:

• at least one of the spouses was domiciled within the jurisdiction which issued the decree of divorce at the time of issue, or
• the state is required to recognise the divorce pursuant to the relevant European Union regulations — currently Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.