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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."
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 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.
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 ...
If both parties fail to reach an agreement on conditions of a divorce by mutual consent, such as child custody which must be specified on the divorce form, then they must use one of the other three types of divorce. Foreign divorces may also be registered in Japan by bringing the appropriate court documents to the local city hall along with a ...
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 ...
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.