Q&As

Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without further orders having to be made by the Irish courts?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 30/01/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without further orders having to be made by the Irish courts?

The guidance available is predominantly based on the laws of England and Wales. However, we refer you to the following which you may find useful.

Where a court in England and Wales accepts jurisdiction in respect of a claim for financial remedies, it will apply English law to the dispute. However absent some form of international provision the enforcement against an asset outside of the jurisdiction can prove problematic.

Judgments, court settlements and authentic instruments arising from uncontested claims may be enforced within the EU under the Regulation (EC) No 805/2004, European Enforcement Order. However it does not apply to disputes concerning property rights arising out of a matrimonial relationship.

Regulation (EU) 1215/2012, Brussels I (recast) also does not assist, as it excludes from its scope, inter alia, ‘rights in property arising out of a marital relationship’. This includes orders for the division of assets made in financial remedy proceedings to the extent that they are not intended to provide for the recipient’s maintenance.

The EU Maintenance Regulation, Recital (11) and Art 1 apply to 'maintenance obligations arising from a family relationship, parentage, marriage or affinity'. In Van den Boogaard v Laumen, it was held that an

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