T. (D.) v. L. (F.) & Anor

So far as the recognition of decrees of divorce granted by courts of a foreign jurisdiction was concerned, the Irish courts applied the principle of private international law that such a divorce would be recognised if it was granted by the court of a jurisdiction in which both parties where domiciled. The result was that, until the clarification of the law in C.M. �v- T.M. , a divorce granted by a court in a jurisdiction where the husband was domiciled would be afforded recognition because that was also treated as the domicile of his wife.

Section 5(1) of The Domicile and Recognition of Foreign Divorces Act, 1986, (which did not apply to the divorce at issue in C.M �v- T.M) provided that

On the 6 th July, 2000, proceedings were instituted by the wife in the High Court claiming a decree of judicial separation and certain ancillary reliefs. An order was made by consent that

The order also provided for the joining of the Attorney General as a Notice Party in the proceedings.

This version of events was disputed in evidence by the wife who said that her understanding at the time the Irish jobs were on offer was that her husband was also anxious to return to Ireland and that she had gone to Ireland with the children in order to put in place arrangements for the return of the entire family. She said that during that period she had found schools for the children. She agreed that, when her husband was given the full terms of the positions available to him in Ireland, he was very unhappy with them.