Paul Kehoe (Wexford, Fine Gael)
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Question 484: To ask the Minister for Justice, Equality and Law Reform the action taken in relation to the status of a person who has been granted post-nuptial citizenship when the marriage breaks down and a separation or divorce is being sought; and if he will make a statement on the matter. [34896/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Irish Nationality and Citizenship Acts 1956 — 2004 provides that a non-national married to a person who is an Irish born citizen could accept Irish citizenship as his/her post-nuptial citizenship by lodging a declaration not earlier than three years from the date of the marriage or three years from the date the applicant's spouse became an Irish citizen, whichever is the later.

The Irish born citizen who is the spouse of the non-national seeking post nuptial citizenship must, at the date of application, swear an affidavit to the effect that the couple are living together as husband and wife; that the marriage is subsisting; and that no proceedings for divorce or annulment of this marriage have been commenced or are about to be commenced in any court of law. The aforementioned Acts provide for any person who knowingly or recklessly makes any declaration or statement that is false or misleading in any material respect to be guilty of an offence and to be liable to a fine or imprisonment or both.