Michael Ring (Mayo, Fine Gael)
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Question 244: To ask the Minister for Health and Children if a proposed marriage of persons (details supplied) in County Mayo will be allowed to proceed based on the information regarding an Australian divorce which has been submitted to the Civil Registration Service. [20074/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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An tArd Chlaraitheoir, the Registrar General, is the person with statutory responsibility for the administration of the civil registration system in Ireland, including marriages. I have made enquiries with an tArd Chlaraitheoir and the position is as follows.

Where either party to a proposed marriage, which is to be solemnised in the state, has been previously married and obtained a divorce in another jurisdiction, it is necessary for that divorce to be recognised under Irish law before the marriage can proceed.

The legislation governing recognition of foreign divorces is the Domicile and Recognition of Foreign Divorces Act, 1986: Section 5 of that Act provides that a divorce shall be recognised if granted in the country where either spouse is domiciled. It also provides that, 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.

With regard to the case referred to in the Deputy's question, the matter of the domicile of either of the parties to the divorce obtained in Australia in 1998 at the time proceedings were initiated, is of critical importance. The Registrar General has recently been furnished with additional documentation in relation to the domicile question and the matter is being given further consideration.