Taoiseach in pledge over divorce laws
The EU will not be allowed to interfere in Irish divorce laws, Taoiseach Bertie Ahern said today.
It emerged today that the European Commission plans to harmonise divorce rights across the EU and has consulted the Irish Government on the issue.
The harmonised laws would entitle EU nationals living in other member states to divorce under the laws of their home country.
But Mr Ahern said today that Ireland’s relatively strict 1995 divorce law was protected under the new EU Constitution and wouldn’t be affected by the new EU proposals.
Speaking in Madrid, he said: “The European Union has no say in these matters, in other words, it’s none of their business.
“Irish divorce law is a matter for Ireland.”
Replying to questions on the issue in the Dáil today, Finance Minister Brian Cowen agreed that domestic laws would be preserved under the EU Constitution.
Under Irish law, a married couple must be separated for at least four of the five years before applying for a divorce.
Currently, there is no provision for cross-border divorces within the EU but pressure has been growing for a common judicial area to grant equal rights to all EU citizens.
Legal sources claimed today that if non-nationals were entitled to use foreign divorce law in Ireland, Irish couples could lodge discrimination claims.
The Justice Department issued a statement this afternoon saying there would be a Government response to the European Commission’s Green Paper before the September 30 deadline.
A spokesperson explained that the harmonisation of law was not at issue but rather “the question of applicable law and jurisdiction in divorce cases which have a cross-border dimension“.
“The Government’s starting point will be that any measures that may be taken in this area will not be allowed to undermine our existing domestic law on divorce,” she added.
