This is an edited version of the Government's response to the European Commission's Green Paper on matrimonial law published in February 2006.
Ireland's position is that any measures in this area cannot undermine our existing domestic law on divorce, which was voted on by the people by way of referendum.
Some of the options in the Green Paper, such as allowing parties to choose the applicable law or the competent court, could have the effect of undermining our divorce law.
Ireland is not in favour of allowing spouses to choose the applicable law, as this could be open to abuse.
Such abuse would be likely to impact most on divorce regimes, such as that of Ireland which requires a relatively long separation period.
Ireland has very strong reservations as to any conflict-of-law rules, which would require Irish courts to apply the divorce law of another EU state. There would be practical difficulties in applying a foreign law.
It would mean Irish courts would have to decide on some divorce applications on the basis of provisions which would be far less demanding than those approved by way of Ireland's referendum.
The Green Paper is confined to applicable law in divorce proceedings, without invoking any other matters that arise on such occasions, in particular maintenance and the division of matrimonial property. In Irish law, however, a divorce is granted only where provision is made for the parties to the marriage and the dependent children.
Maintaining the status quo would be acceptable to Ireland. However, Ireland is open to discussing possible changes to the rules of jurisdiction that currently exist.
The current system of several grounds of jurisdiction under the Brussels II regulation can result in a "rush to the court" which is of concern to Ireland because of our mandatory mediation provisions and, in any event, is very unsatisfactory from a family law perspective.
The experience in Ireland is that some parties, who would otherwise have engaged in meaningful discussion and mediation to resolve matters by agreement, instead issue proceedings in order to ensure that the case is heard in their jurisdiction of preference.