Marriage abroad

[deco87]

Just wondering about this. I got married 20 years ago in Mauritius. My wife had been married before in church so it was a legal and religious contract.. She had got a judicial separation. Subsequently a church annulment. We then got civilly married in Mauritius. Marriage never registered here.

We are now separating. Co incidentally last week her first husband's solicitor sent her paperwork regarding a divorce.
She can engage with this process or ignore it. This it appears is as he wishes to marry again ....in church. So he has had his annulment many years ..and on completion of this divorce he will be legally seen as a single person to do as he wishes.
As I think about this I'm asking myself if her first husband is looking for a divorce ..how can I be married legally?
Having said that all the paperwork was completed and certified ( along with many other couples mostly from u.k. where divorce was legal at that time )in accordance with local law and requirement eg being resident there for 7 days etc ....
Basic query. What is the status of this arrangement legally in this country.

Thks a mill.

 

[mf1]

I don't think you are legally married. You have to distinguish between the Church and the State and the status of marriage in the eyes of either of those institutions.

It is unlikely to benefit you much in the separation process as , even if you are not legally married, you are very likely covered by the The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

mf

 

[deco87]

Many thanks..I'd love to know! Suppose I'll have to get legal advice ...cheers

 

[noproblem]

I haven't a clue if you're married or not but if you've a few bob put aside and something happens to you I dare say she'll be mooching around.

 

[peemac]

Once you were legally married in the country you got married in, then it is recognised by the state. You don't need to register the marriage.

However for separation, it is where you are domiciled that applies. So married in Mauritius or Las Vegas (me), and living here, means laws of Ireland apply for separation.


Edit - what country was your wife married in first and where was she domiciled for her first separation?
Definitely a query for a family law solicitor.

 

[deco87]

Hi thank you for reply .
She was married here suppose nearly 23/24 years ago. Married full church usual.
Lived here, as does her husband..Got a judicial separation in circuit court here... church granted her an annulment in canon law under grounds that she didn't understand what getting married involved fully .. something along that line as per church " enquiries" they carry out. I understand the civil/religious " contracts" aspects fully. There was no divorce here if I recall correctly around this time ... She was never " divorced" as that is now currently going through the courts .. from recollection ..at that particular time the facts as I just outlined were sufficient for couples to get a civil marriage in another jurisdiction ( you can do what you like in another jurisdiction ( provided it's legal there of course) I believe it has no legal enforceable legal standing outside that country however ) so I suspect I am legally married ...civil union in Mauritius ..but am i married here? I appreciate I am" married" as such but iis it a* common law* type relaionship ?....however ...Its this I am trying to seek opinion ( clarity) on. Many thks ( I know that the law provides anyway and proper order where co habiting couples separate) I would just to love if ( in Ireland )where I live whether I'm married or not.... just for my own mind it would make a slight difference for me personally.