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Is a Pakistani divorce recognised under Irish law?

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waseemahmed
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Location: pakistan

Is a Pakistani divorce recognised under Irish law?

Post by waseemahmed » Sun Nov 27, 2011 2:05 am

if both the parties have same domicile belongs to same country pakistan. SO the pakistan divorce recognised under irish law?

AYOUB
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Re: Is a Pakistani divorce recognised under Irish law?

Post by AYOUB » Sun Nov 27, 2011 11:35 am

waseemahmed wrote:if both the parties have same domicile belongs to same country pakistan. SO the pakistan divorce recognised under irish law?
If you go back to foriegn decree act 1985 under irish law both party to such marraige/devorce must be domicile in the country where the divorce was obtained, one party domicile could not also meet the requirement for recognision under irish law.

Which was struck down in the case of GMCG V DW AND AR 2000
Which sort to have amended and satisfy the onus of one person residency under the jurisdiction requirement, which is deemed sufficient. This was also put into doubt in the judgement of kinlen j who refused to recognise a divorce granted in England by virtue of the fact that, non of the party was at the time of such divorce were domicile having resided in great britain for a period of 10 years.

So obtaining foriegn divorce while domicile in ireland must be very carefully streamilined and considered before trying it otherwise it will be Null and Void as demonstrated in recent south africa couple bogus divorce case which was later discovered to be fake. :D

walrusgumble
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Location: ireland

Re: Is a Pakistani divorce recognised under Irish law?

Post by walrusgumble » Sun Nov 27, 2011 4:11 pm

AYOUB wrote:
waseemahmed wrote:if both the parties have same domicile belongs to same country pakistan. SO the pakistan divorce recognised under irish law?
If you go back to foriegn decree act 1985 under irish law both party to such marraige/devorce must be domicile in the country where the divorce was obtained, one party domicile could not also meet the requirement for recognision under irish law.

Which was struck down in the case of GMCG V DW AND AR 2000
Which sort to have amended and satisfy the onus of one person residency under the jurisdiction requirement, which is deemed sufficient. This was also put into doubt in the judgement of kinlen j who refused to recognise a divorce granted in England by virtue of the fact that, non of the party was at the time of such divorce were domicile having resided in great britain for a period of 10 years.

So obtaining foriegn divorce while domicile in ireland must be very carefully streamilined and considered before trying it otherwise it will be Null and Void as demonstrated in recent south africa couple bogus divorce case which was later discovered to be fake. :D
Judge Cook, brought out one or two important decisions in this area (re not needing to go to the Circuit Court to confirm the divorce etc) I will dig them out later. Judgments from last year. Courts.ie for anyone willing to dig. They might be helpful cases, heard last year.

AYOUB
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Re: Is a Pakistani divorce recognised under Irish law?

Post by AYOUB » Sun Nov 27, 2011 6:15 pm

walrusgumble wrote:
AYOUB wrote:
waseemahmed wrote:if both the parties have same domicile belongs to same country pakistan. SO the pakistan divorce recognised under irish law?
If you go back to foriegn decree act 1985 under irish law both party to such marraige/devorce must be domicile in the country where the divorce was obtained, one party domicile could not also meet the requirement for recognision under irish law.

Which was struck down in the case of GMCG V DW AND AR 2000
Which sort to have amended and satisfy the onus of one person residency under the jurisdiction requirement, which is deemed sufficient. This was also put into doubt in the judgement of kinlen j who refused to recognise a divorce granted in England by virtue of the fact that, non of the party was at the time of such divorce were domicile having resided in great britain for a period of 10 years.

So obtaining foriegn divorce while domicile in ireland must be very carefully streamilined and considered before trying it otherwise it will be Null and Void as demonstrated in recent south africa couple bogus divorce case which was later discovered to be fake. :D
Judge Cook, brought out one or two important decisions in this area (re not needing to go to the Circuit Court to confirm the divorce etc) I will dig them out later. Judgments from last year. Courts.ie for anyone willing to dig. They might be helpful cases, heard last year.
What are you talking about ?
The subject matter is domicile foriegn divorce recognition in ireland, i dont know what you're raving about, so if you're creating a locus standi you'll relly on court.ie for precedences to argue your case ?

:lol:

walrusgumble
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Location: ireland

Re: Is a Pakistani divorce recognised under Irish law?

Post by walrusgumble » Mon Nov 28, 2011 10:21 am

AYOUB wrote:
walrusgumble wrote:
AYOUB wrote:
waseemahmed wrote:if both the parties have same domicile belongs to same country pakistan. SO the pakistan divorce recognised under irish law?
If you go back to foriegn decree act 1985 under irish law both party to such marraige/devorce must be domicile in the country where the divorce was obtained, one party domicile could not also meet the requirement for recognision under irish law.

Which was struck down in the case of GMCG V DW AND AR 2000
Which sort to have amended and satisfy the onus of one person residency under the jurisdiction requirement, which is deemed sufficient. This was also put into doubt in the judgement of kinlen j who refused to recognise a divorce granted in England by virtue of the fact that, non of the party was at the time of such divorce were domicile having resided in great britain for a period of 10 years.

So obtaining foriegn divorce while domicile in ireland must be very carefully streamilined and considered before trying it otherwise it will be Null and Void as demonstrated in recent south africa couple bogus divorce case which was later discovered to be fake. :D
Judge Cook, brought out one or two important decisions in this area (re not needing to go to the Circuit Court to confirm the divorce etc) I will dig them out later. Judgments from last year. Courts.ie for anyone willing to dig. They might be helpful cases, heard last year.
What are you talking about ?
The subject matter is domicile foriegn divorce recognition in ireland, i dont know what you're raving about, so if you're creating a locus standi you'll relly on court.ie for precedences to argue your case ?

:lol:
Yes, and?

THis issue has come before the courts recently. I suggested that cases were available to look at to see what the courts will do.

If you are unable to understand plain English, you should not be so dismissive of what has been said.

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