Ireland objects to EU divorce proposals

IRELAND could have 25 types of divorce if an EU proposal unveiled yesterday becomes law.

But the choice would only apply to an Irish person married to someone from another EU state, or to a non-Irish couple from the union. An Irish couple living in Ireland would continue to have to abide by the country’s strict rules, such as being separated for four out of the previous five years.

The Government has already objected to the proposals in a response from the Department of Justice. They could opt out of the law, or veto it.

The proposals are aimed at making divorce easier for couples in so-called international marriages, which make up one-sixth of EU marriages. The average divorce rate in the EU is close to 40%, but half of international marriages end in divorce. Ireland’s rate is 15%.

The proposals would allow a couple where one or both were non-Irish but who are living in Ireland to choose what country’s divorce laws would apply to them — the country from where either of them is from or the country where they live.

They would both have to agree and could then apply to the Irish courts for their divorce under the law of the country they choose.

However, the proposals do not solve the problem of the rush to court, where a spouse can opt for the country he or she knows will give him/her most advantage in terms of property division and maintenance.

The submission from the Department of Justice said they were not in favour of allowing spouses to choose and they believed if the proposals became law it would be open to abuse.