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John Quirke, Esq
John Quirke, Esq,
Category: Republic of Ireland Law
Satisfied Customers: 19
Experience:  Barrister at Law at Self Employed
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My spouse and I (same sex) were married in a foreign wedding.

Customer Question

My spouse and I (same sex) were married in a foreign wedding. I am an Irish citizen. Can we still have our marriage annulled in Ireland given that the legislation on same sex marriage has not yet been passed, as I believe that in Ireland historically same sex spouses was grounds to void a marriage.
If so, what is the process and how long does it take? Is it in camera?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Help via Email or Text Message. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  John Quirke, Esq replied 1 year ago.
If you got married in this Jurisdiction and there was never any legal basis upon which you could get married, the marriage could be annulled in this jurisdiction. For example, if one party to the marriage was unable to consummate the marriage and either or both parties believed that their would be consummation, this would be grounds for annulment.Like wise if either party deceived the other regarding a fundamental requirement of the marriage, i.e. that it was an opposite sex marriage when it was in fact a same sex marriage, this is a clear grounds for annulment. This is not simply because same sex marriages were unlawful but rather because the marriage was entered into under a false misapprehension and misrepresentation which if known, the parties would not have entered into the contract. Though if two people of the same sex married in this jurisdiction when same sex marriages were not lawful it would not even be necessary to annul the marriage as it never existed in the first place in the eyes of the law. The answer to your question in short, therefore is no. Even if you could, it is my view that this would be a waste of legal fees which could be expensive. Your foreign marriage is not recognised in this Jurisdiction as it pre-dates the referendum, as such to make it a recognised lawful marriage in this jurisdiction you would have to register it when the appropriate legislation is past. As you have not done this there is simply nothing to annul. If you are domiciled in this Jurisdiction there is nothing further to be done. If you are concerned that some legal rights attach in the jurisdiction where , presumably you entered into a lawful same sex marriage or for sentimental reasons you wish to expressly terminate the marriage. You would have to terminate it in that Jurisdiction by way of divorce (or have it annulled over there if any lawful reason exists).If you are domiciled in this jurisdiction, when the legislation is passed you will be entitled to marry another person without the necessity of procuring a divorce or annulment as your previous marriage is deemed not to exist in this state.Unfortunately you cannot annul a marriage in this state which is deemed not to exist and is not recognised, furthermore , any such annulment would not necessarily effect the legality of the marriage in the state where you got married (where same sex marriage is presumably deemed lawful). All matters relating to family law including annulments are heard in Camera.If you wish to talk to a specialist family lawier in this area to advise you further, I can provide you with this information on request. If you have any further queries relating to this matter please do not hesitate to contact me. Kind Regards John
Customer: replied 1 year ago.
HiYes please mail me details as I am keen to obtain more detail on this.Thanks
Expert:  John Quirke, Esq replied 1 year ago.
I hope this answer was of some assistance to you.
If you could rate the aforementioned response and then call me on(###) ###-####I will be able to give you details of a solicitor who specialises in this area and /or outline other options available to you.
Kind Regards
John
Expert:  John Quirke, Esq replied 1 year ago.
I notice that you have not rated my response.
Please let me know whether this answer was of assistance to you by rating the response.
I cannot give the information you receive on site but if you prefer to email me i can give you the address of a solicitor who specialises in this area and would be able to assist you further if you require. my email is***@******.***
Many thanks
John

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