Foreigners could yet divorce here under own laws

IRELAND may yet agree to allow foreign couples to divorce under the laws of their own country in Irish courtrooms, Justice Minister Brian Lenihan intimated yesterday.

The proposal, debated by EU justice ministers when they met in Slovenia at the weekend, is designed to stop people shopping around Europe for the divorce law that best suits their position and penalises their partner.

Up to 20% of all divorces in the EU are between people from different EU member states and many of them are living outside their home country.

“The stronger party at present can choose what law applies to them and this can often be against the interests of their partners. We want to protect the weaker party,” said EU Justice Commissioner Franco Frattini.

Up to now, the Government here said it also fears it could undermine Irish conditions. However, while Mr Lenihan said at the weekend he does not want non-Irish couples to be subject to different or easier conditions than Irish couples, no final decision had been made.

He was also concerned that it might mean Ireland would be acknowledging same-sex marriages through agreeing to grant divorces to same-sex non-Irish couples. Ireland intends to introduce civil union rather than marriage for same-sex couples.

Mr Lenihan said: “We are following the discussion and we have not made a final decision. There is no final draft yet but it could create difficulties for us.”