1 Which law applies?
1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
If Irish courts have jurisdiction over matrimonial property disputes, they will always apply the lex fori, thus the Irish law. However, when an application for ancillary relief is made on the basis of a decree of judicial separation or divorce which has been issued in another state, the Irish courts must have regard to parties’ rights to ancillary relief under the law of that state when deciding the matter.
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
If Irish courts have jurisdiction over matrimonial property disputes, they will always apply the lex fori, thus the Irish law. However, when an application for ancillary relief is made on the basis of a decree of judicial separation or divorce which has been issued in another state, the Irish courts must have regard to parties’ rights to ancillary relief under the law of that state when deciding the matter.
