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The Thirty-eighth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which altered the provisions regulating divorce.It removed the constitutional requirement for a defined period of separation before a Court may grant a dissolution of marriage, and eased restrictions on the recognition of foreign divorces. [1]
Reflecting this, s.5(1) of the Domicile and Recognition of Foreign Divorces Act 1986 provides "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."
States Parties are to establish a Central Authority for the convention. The Authority in the country of residence of the requester is the authority through which requests for enforcement of judicial or administrative decisions can be made, while the authority in the country to which the request is lodged should provide further -free- help with the application.
As the Convention on the Recognition of Divorces and Legal Separations does not deal with matrimonial property in a divorce, the Hague Conference concluded a separate convention on 14 March 1978. The Convention on the Law Applicable to Matrimonial Property Regimes, which entered into force on 1 September 1992, allows spouses in a marriage to ...
The Hague Divorce Convention, officially Convention on the Recognition of Divorces and Legal Separations is a convention concluded by the Hague Conference on Private International Law (HCCH). It regulates the recognition of divorces and legal separations provided they have been performed according to the correct legal process in the state where ...
The Constitution of Ireland adopted in 1937 included a ban on divorce. An attempt by the Fine Gael–Labour Party government in 1986 to amend this provision was rejected in a referendum by 63.5% to 36.5%. In 1989, the Dail passed the Judicial Separation and Family Law Reform Act, which allowed Irish courts to recognize legal separation.
The efforts led in 2005 to a convention with a narrower scope: the Hague Choice of Court convention focusing on recognition on judgments where jurisdiction had been assumed based on a choice of court agreement between the parties. After conclusion of the convention new rounds of negotiations led to the conclusion of this convention.
The agreement, approved by Council of the European Union on 20 December 2010, took effect in the 14 original contracting parties on 21 June 2012 [1] and makes use of the enhanced co-operation mechanism which allows a minimum of nine EU member states to establish advanced integration or cooperation in an area within EU structures but without all ...