| | | | | | | Action over refusal to recognise divorce | | | | The Irish Times, 22nd June 2010 | | | AN IRISH-BASED Portuguese woman who wishes to marry her partner here before their child is born, has taken a High Court challenge to the Civil Registration Office’s refusal to recognise her Portuguese divorce issued by the Civil Registry Office in Portugal.
Paula Alves (32) wants to marry Shahid Kamal, a Pakistani national.
The couple became engaged last June and are expecting their first child late next month.
They were due to be married earlier this month but, as a result of the refusal to recognise her divorce, could not go ahead with the ceremony.
Yesterday, Ms Alves, Brú Na Sionna, Shannon, Co Clare, secured leave to bring proceedings aimed at quashing the Civil Registration Office’s refusal of June 1st last to recognise under Irish law a divorce obtained by her in Portugal in 2009.
Leave was granted on an ex parte (one side only represented) basis by Mr Justice Michael Peart.
It is claimed the Civil Registration Office erred in law by refusing to recognise her divorce.
She claims she is entitled to have her divorce decree recognised here and the refusal to do so is in breach of European legislation.
Mel Christle SC, for Ms Alves who has lived here since 2007, said his client is entitled to have her divorce recognised because European law provides for a recognition of certain other member states’ matrimonial decrees, including divorces.
Ms Alves was married in 2004 but differences arose between her and her husband and they were granted a divorce by the Civil Registry Office pursuant to Portuguese law in July 2009, he said.
Ms Alves, who worked at the human resources department of Dunnes Stores, met Mr Kamal while they were working together.
The couple were anxious to marry before their child is born for social, cultural and religious reasons, the court heard.
The couple had last March issued a notice of intention to marry at the Civil Registration Office in Limerick.
They furnished a number of documents including a copy of Ms Alves’ divorce but she was later informed the marriage could not proceed unless a court decree of divorce was obtained. Ms Alves then obtained a certified translation of her divorce decree from the Portuguese embassy in Dublin which was given to the Limerick Civil Registration Office.
Ms Alves was informed those divorce papers would not be accepted.
Earlier this month she was informed by the Civil Registration Office that because her divorce was granted by a registry office and there were no court proceedings, the office was not in a position to determine the recognisability of her divorce under Irish law and her proposed marriage could not go ahead.
Counsel said that decision was unlawful as his client had been granted an uncontested divorce by the Civil Registry Office without the need to go to court as there were no children involved.
This information was provided to the Civil Registration Office clearly explaining this procedure of Portuguese law. | | | | | | |  For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
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