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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."
As one legal scholar has noted: “The substantive law pertaining to legal separation continues to differ widely between the Member States: from Maltese law where there is a prohibition of divorce to Finnish of Swedish law where no actual grounds of divorce are required.” [11] In addition, legal culture in these countries is different on ...
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 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 ...
In English law, there is a clear distinction between recognition of foreign judgments, and enforcement of foreign judgments. Recognition means treating the claim as having been determined in favour of one of the litigating parties. This is an acknowledgment of foreign competence and of the settling of a dispute, known as res judicata. [1]
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 most common forms of quasi-legal divorce are the Islamic forms of divorce known as the talaq and its less well-regulated version of triple talaq, and the form of divorce in Judaism known as the get which is regulated by the Beth Din. [2] Unlike the talaq, the process to obtain a get must occur at a specific place and with specified documents.