Woman challenges refusal to recognise her Portuguese divorce

An Irish-based Portuguese woman who wishes to marry her partner before their child is born has secured the permission of the High Court to challenge the Civil Registration Office's refusal to recognise her Portuguese divorce.

Paula Alves (aged 32), has brought the proceedings because she wants to marry Mr Shahid Kamal, a Pakistani national. The couple became engaged last June and are expecting their first child in late July. They were due to be married earlier this month but as a result of the refusal could not go ahead with the ceremony.

Today Ms Alves, Bru Na Sionna, Shannon, Co Clare secured leave to bring proceedings aimed at quashing An T-Ard Chlairitheoir's refusal of June 1 last to recognise the divorce she obtained in Portugal in 2009 under Irish law. Leave was granted, on an ex parte basis, by Mr Justice Micheal Peart, who made the matter returnable to early next month.

In her proceedings she claims the Civil Registration Office has erred in law by refusing to recognise her divorce. She is seeking declarations including that she is entitled to have her divorce decree recognised in this state, and that the refusal to so is in breach of European Law.

Moving the application Mel Christle SC for Ms Alves, who has lived in Ireland since 2007, said that his client is entitled to have her divorce recognised because European law provides for a recognition of certain other member states matrimonial decrees, including divorces.

Ms Alves was married in 2004. Differences arose between her and her husband and they were granted a divorce by the Civil Registry Office pursuant to Portuguese law in July 2009.

Ms Alves, who worked at the Human Resources Department of Dunnes Stores, met Mr Kamal while they were working together. The couple are anxious to get married before their child is born for social, cultural and religious reasons.

Last March the couple issued a notice of intention to marry at the Civil Registration Office in Limerick. They furnished a number of documents including a copy of Ms Alves' divorce. However she was subsequently informed that the marriage could not proceed unless a court decree of divorce was obtained.

Ms Alves then obtained a certified translation of her divorce decree from the Portuguese Embassy in Dublin, which was furnished to the Limerick Civil registration Office. However she was informed that the divorce papers would not be accepted.

Earlier this month she was informed by the Civil Registration Office that because her divorce was granted by a registry office and that there were no court proceedings, the Office was not in a position to determine the recognisability of her divorce under Irish law and that her proposed marriage could not go ahead.

However that decision, counsel said, is unlawful. Counsel said that she was granted an uncontested divorce by the Civil Registry Office, without the need to go to court, because they had no children.

This information was provided to the Civil Registration Office clearly explaining this procedure of Portuguese law.