Rules

To contract a legally valid civil partnership in Ireland the parties to the civil partnership must:

• Have the capacity to become civil partners
• Freely consent to becoming civil partners. Free consent may be absent if, at the time of becoming a civil partner, a person is suffering from intoxication, brain damage, mental disability, mental instability or insanity to the extent that he/she is not able to understand the implications of civil partnership. In addition, if someone agrees to become a civil partner because of threats or intimidation, his/her apparent consent may also be invalid and the civil partnership may be void.
• Observe the necessary formalities

Capacity to become a civil partner

To be legally entitled to become a civil partner, both of you must fulfill all of the following requirements at the time the registration of the civil partnership takes place. Both parties must:

• Be aged 18 or over
• Have given the Registrar 3 months’ notification of intention to enter a civil partnership (or have a court exemption order if this is not the case) and have been issued by the Registrar with a Civil Partnership Registration Form
• Be either single, widowed, divorced, a former civil partner of a civil partnership that ended through death or dissolution, or have had a civil annulment of a marriage or civil partnership or a valid foreign divorce or dissolution.
• Be of the same sex - for legal purposes, a person's gender is deemed to be the one he/she had at birth, even if he/she subsequently had medical procedures to alter his/her gender.
• Have the mental capacity to understand the nature of civil partnership
• Not be related to your intended partner by blood to a degree that prohibits you in law from becoming civil partners. If you are related to your intended partner by blood, you should contact a solicitor to ensure that you do not fall within the prohibited degree of relationship. (See ‘Further information’ below on prohibited degrees.

If either party doesn't fulfill even one of the above requirements, any subsequent civil partnership is legally void.

A foreign divorce

Not all foreign divorces are recognised under Irish law. A foreign divorce will only be recognised in Ireland if at least one spouse was domiciled in the state that granted the divorce when the proceedings started. You may have to provide good evidence that this was the case and, therefore, that the divorce is valid under Irish law.

Where the divorce comes within EU regulations, it is sufficient to confirm that both parties to the divorce were notified of the proceedings and had an opportunity to give evidence to the court which granted the divorce.

Where EU regulations do not apply, certain information as to place of birth, countries of residence and other relevant facts must be supplied on a questionnaire provided by the Registrar. The information is then forwarded to the General Register Office, whose consent is required before the marriage ceremony can take place.

If the Heneral Registrar is of the opinion that the foreign divorce is valid, then the new marriage can go ahead. If not, you can provide additional information to prove validity or else you can apply for a hearing before the Circuit Court. The Court's decision on the validity of a foreign divorce in Irish law is final and binding, although you may, of course, appeal to a higher court. If the Court decides that your foreign divorce is not binding, your only option if you wish to remarry in Ireland may be to get a divorce under Irish law.

A foreign dissolution

If a legal dissolution of a civil partnership is granted outside Ireland, it will be recognised under Irish law if the Minister of Justice and Equality has made an order recognising the appropriate class of legal relationship in the country in which the dissolution was granted.