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Changes in EU law did not retrospectively validate 1994 foreign divorce
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Supreme Court dismisses appeal from Court of Appeal, and affirms determination that a divorce granted in 1994 in another European Union (EU) member state was not entitled to recognition in Ireland by virtue of any developments in EU law, where a subsequent divorce had been granted in Ireland on the basis that the 1994 divorce was not valid by reason of the domicile of the parties.
Dunne J (nem diss): Family law - divorce - grant of divorce - dismissal of appeal by husband in Court of Appeal - previous divorce in another jurisdiction - previous divorce not recognisable in Irish law - whether European law restricted Irish courts from granting a divorce inconsistence with a divorce in another jurisdiction - marriage in 1980 - lived in another EU member state from 1987 - return of wife to Ireland, with children, in 1992 - decree of divorce in other member state in 1994 - return of husband to Ireland the same year - family law proceedings commenced in Ireland in 2000 - preliminary issue determined by High Court in 2001 and Supreme Court in 2003 as to whether foreign divorce was recognisable - domicile - developments in EU law - whether provisions of the Treaty on the Functioning of the European Union (TFEU) had the effect of retrospectively affording recognition to the foreign divorce - provisions of Brussels Convention, Brussels I, Brussels II and Brussels II bis.
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