Divorces in UK won't automatically be recognised in Ireland after Brexit

Divorces in UK won't automatically be recognised in Ireland after Brexit

Divorces obtained in the UK will not be recognised in Ireland after Brexit.

Members of the Bar Council have warned that automatic recognition of divorces from Britain and the north under EU law would end here after the UK leaves the EU.

There is provision in article 21 of Brussels II bis for automatic recognition, without any special procedure, of orders made in one member state by other member states in divorce, separation and marriage annulment matters.

While Britain may decide to automatically recognise EU orders post-Brexit, there is no guarantee that the EU will decide to automatically recognise orders made in Britain.

According to the Sunday Times, this means people in Ireland with UK divorces wouldn't be able to remarry until new laws were introduced.

Divorce only became legal in Ireland in 1996 following a referendum the previous year.

The referendum earlier this year means there is no defined period of separation necessary before a Court may grant a divorce.


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