bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Indian divorce not recognised

Irish Registry office will not recognise my foreign divorce from India because there are no court hearings, but by Indian family law court hearings only held if there are any kids custody or property issues involves, else it is approved by union council. What should I do to get recognised it before get married with my girl friend. Thanks

As local Notary and Commissioner for Oaths in Tallaght, I see a conflict between Indian documentation and Irish requirements. This is particularly so with immigration papers, where the Department of Foreign Affairs will not accept Marriage Certificates and separate Affidavits usually have to be sworn by applicants to clarify details of their marital status.

 

I suspect the same thing is going on with this listener’s problem but it should be easy to resolve. My first advice would be that he should go back to the Registrar and ask specifically what documentation the Registrar will need in the absence of a Divorce Decree. Write down these reasons when you’re there or better stillget the Registrar to write them so you can be clear as to what specifically is wrong. The Irish authorities are obliged to recognise foreign divorces that are properly made and constituted in accordance with the law of the land in which the Divorce was granted. This listener’s problem, therefore, is purely administrative and should be easily solved.

 

It might be that the Irish Registrar will direct that an Affidavit of Laws be sworn before a Notary in India and this may be sufficient.

 

If you cannot get satisfaction, see an Irish family law solicitor who will get this information for you.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.