Supreme Court dismisses appeal regarding recognition of Somali customary marriage under Irish law.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the applicants' appeal against the Minister for Justice regarding the recognition of their marriage. The applicants argued that their union, formed under Somali customary law, constituted a valid common law marriage under Irish law. The court held that the domestic courts must first determine whether the marriage is valid under the relevant statutory framework before considering common law principles.
Regesto Legislator
Generato dall'IAMarriage Act 1945; Civil Partnership and Marriage Act 2010: The court must first determine the validity of a foreign marriage under applicable statutory law before considering whether it constitutes a common law marriage.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IATesto completo
THE SUPREME COURT
Appeal No: 441/2010
Denham C.J.
Murray J.
Hardiman J.
Fennelly J.
Clarke J.
Between/
ABDI JAMA HASSAN
&
SAFIYA SAEED
Applicants/Respondents
-and-
THE MINISTER FOR JUSTICE, EQUALITY & LAW REFORM
Respondent/Appellant
Concurring observations of Murray J.
I agree with Fennelly J. that the appeal should be dismissed on the grounds stated in the concluding paragraph of his judgment and
with his reasons for dismissing the appeal on those grounds. As Fennelly J. makes clear, his consideration of the notion of a common
law marriage and the circumstances in which such a marriage might be recognised as valid is obiter, and I agree that a decision
relating to such an issue is not required for the purposes of deciding this appeal. In all events I would find it difficult to envisage that
a marriage ceremony, in whatever form, performed in Somalia, where the common law has no application whatsoever, could in itself be
the basis for its recognition as a common law marriage. I would add that the applicable common law principles governing the
recognition of common law marriages in Ireland would, in a case where the issue arises, fall to be identified and applied subject to
Irish statutory law and constitutional framework. These are all matters which would fall to be decided in a future case where a
relevant issue arises for decision.