Number 24 of 1986
DOMICILE AND RECOGNITION OF FOREIGN DIVORCES ACT 1986
REVISED
Updated to 1 January 2016
This Revised Act is an administrative consolidation of the Domicile and Recognition of Foreign Divorces Act 1986. It is prepared by the Law Reform Commission in accordance with its function under
the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including
Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of
this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number 24 of 1986
DOMICILE AND RECOGNITION OF FOREIGN DIVORCES ACT 1986
REVISED
Updated to 1 January 2016
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment,
and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory
instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded
by other amendments in other legislation, or the amended legislation may have been
repealed or revoked. This information is not represented in this revision but will
be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes
to this legislation or fragment may not be reflected in this revision but will be
reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1999,
may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this
revision
None
All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, were considered in the preparation of this revision.
Statutory instruments which
affect or previously affected this revision
• European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility)
Regulations 2005
(S.I. No. 112 of 2005)
• European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility)
Regulations 2001 (S.I. No. 472 of 2001)
All statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of
this revision.
DOMICILE AND RECOGNITION OF FOREIGN DIVORCES ACT 1986
REVISED
Updated to 1 January 2016
ARRANGEMENT OF SECTIONS
Number 24 of 1986
DOMICILE AND RECOGNITION OF FOREIGN DIVORCES ACT 1986
REVISED
Updated to 1 January 2016
AN ACT TO AMEND THE LAW RELATING TO DOMICILE AND THE RECOGNITION OF FOREIGN DIVORCES.
[2nd July, 1986]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Abolition of wife’s dependent domicile.
1
1.—(1) From the commencement of this Act the domicile of a married woman shall be an independent
domicile and shall be determined by reference to the same factors as in the case of
any other person capable of having an independent domicile and, accordingly, the rule
of law whereby upon marriage a woman acquires the domicile of her husband and is during
the subsistence of the marriage incapable of having any other domicile is hereby abolished.
(2) This section applies to the parties to every marriage, irrespective of where and under
what law the marriage takes place and irrespective of the domicile of the parties
at the time of the marriage.
Domicile before commencement of Act.
2
2.—The domicile that a person had at any time before the commencement of this Act shall
be determined as if this Act had not been passed.
Domicile after commencement of Act.
3
3.—The domicile that a person has at any time after the commencement of this Act shall
be determined as if this Act had always been in force.
Dependent domicile of minor.
4
4.—(1) The domicile of a minor at any time when his father and mother are living apart shall
be that of his mother if—
(a) the minor then has his home with her and has no home with his father, or
(b) the minor has at any time had her domicile by virtue of paragraph (a) of this subsection and has not since had a home with his father.
(2) The domicile of a minor whose mother is dead shall be that which she last had before
she died if at her death the minor had her domicile by virtue of subsection (1) of this section and has not since had a home with his father.
(3) This section shall not affect any existing rule of law as to the cases in which a
minor's domicile is regarded as being, by dependence, that of his mother.
(4) In the application of this section to a minor who has been adopted, references to
the father or mother of such minor shall be construed as references to the adoptive
father or adoptive mother of such minor.
Recognition of foreign divorces.
5
5.—(1) For the rule of law that a divorce is recognised if granted in a country where both
spouses are domiciled, there is hereby substituted a rule that a divorce shall be
recognised if granted in the country where either spouse is domiciled.
(2) In relation to a country which has in matters of divorce two or more systems applying
in different territorial units, this section shall, without prejudice to subsection (3) of this section, have effect as if each territorial unit were a separate country.
(3) A divorce granted in any of the following jurisdictions—
(a) England and Wales,
(b) Scotland,
(c) Northern Ireland,
(d) the Isle of Man,
(e) the Channel Islands,
shall be recognised if either spouse is domiciled in any of those jurisdictions.
(4) In a case where neither spouse is domiciled in the State, a divorce shall be recognised
if, although not granted in the country where either spouse is domiciled, it is recognised
in the country or countries where the spouses are domiciled.
(5) This section shall apply to a divorce granted after the commencement of this Act.
(6) Nothing in this section shall affect a ground on which a court may refuse to recognise
a divorce, other than such a ground related to the question whether a spouse is domiciled
in a particular country, or whether the divorce is recognised in a country where a
spouse is domiciled.
(7) In this section—
“divorce” means divorce a vinculo matrimonii;
“domiciled” means domiciled at the date of the institution of the proceedings for divorce.
Annotations:
Modifications (not altering
text):
C1
Application of section restricted (1.03.2005) by European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility)
Regulations 2005 (S.I. No. 112 of 2005), reg. 7(a).
Non-applicability of certain statutory provisions.
7. The following provisions shall not have effect in
relation to proceedings to which the Council Regulation
(other than Article 7) applies:
(a) section 5 of the Domicile and Recognition of
Foreign Divorces Act 1986;
...
Editorial Notes:
E1
Previous affecting provision: application of section restricted (23.10.2001) by European Communities
(Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations
2001
(S.I. No. 472 of 2001), reg. 3; revoked (1.03.2005) by European Communities (Judgments in Matrimonial
Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005),
reg. 11.
Short title and commencement.
6
6.—(1) This Act may be cited as the Domicile and Recognition of Foreign Divorces Act, 1986.
(2) This Act shall come into operation on the day that is three months after the date
of the passing of this Act.