Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 160: To ask the Minister for Justice and Equality if divorces granted in Switzerland fall within EU regulations or some similar agreement or fall under the Lugano Convention in terms of the recognition of foreign divorces here; and if he will make a statement on the matter. [14685/11]

Alan Shatter (Dublin South, Fine Gael)
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I am not in a position as Minister to give legal advice in response to a Parliamentary Question. However, I can say that the Brussels II bis Regulation (EC2201/2003) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility does not govern divorces granted in Switzerland. Furthermore, matters relating to status are explicitly excluded from the scope of the Lugano Convention.

Recognition of divorces in Ireland that fall outside the scope of the Brussels II bis Regulation is subject to the Domicile and Recognition of Foreign Divorces Act 1986. Where a person is unsure as to whether a divorce is recognised in this jurisdiction, he or she may enquire with An tÁrd-Chláraitheoir (the General Registrar) in the event that he or she intends to remarry in the State, or may make an application to the Circuit Court under section 29 of the Family Law Act 1995 for a declaration as to the status of the previous marriage.