FactCheck: No, ‘child marriages’ will not be recognised in Ireland following the divorce referendum

ON FRIDAY, IRELAND voted overwhelmingly in favor of changing two references to divorce within the Constitution. One is related to the length of time couples ought to wait to break up, whilst the alternative is associated with the popularity of overseas divorces in Ireland.  Before the marketing campaign, claims had been circulating online that the referendum should lead to Ireland recognizing “child marriages,” “infant brides,” and “polygamy”. But is it genuine? Will infant marriages now be conventional in Ireland? Spoiler alert: they received’t.

The picture that followed the textual content, proven beneath, stated: “One aspect really worth noting with this referendum – we are actually being requested to Vote on 2 matters 1: To lessen the divorce time to two years and a couple of for Ireland to understand and be given “Foreign Marriages” – which correct me if I am wrong is basically saying that we are given “infant Marriages” and here’s the clincher – You have to vote sure or no to each or no to each.” The screengrab at the Grand Torino web page came from a public Facebook organization known as Ireland Is Not For Sale, which in turn had copied the text from a publish on a Facebook page known as Irish Daily.

In Friday’s vote, humans were requested to approve changes to both Article 41.Three.2 and Article forty-one .3.Three of the constitution. The former pertains to the length of time a pair must stay aside earlier than being capable of apply for a divorce – presently 4 out of the previous 5 years. It is the modifications to the latter article that brought about those online claims.


At present, Article 41.3.Three states:

No individual whose marriage has been dissolved beneath the civil law of another State but is a subsisting valid marriage beneath the regulation in the meantime in force in the jurisdiction of the Government and Parliament mounted by this Constitution shall be able to contract a valid marriage within that jurisdiction throughout the life of the opposite birthday party to the marriage so dissolved. This provision prevents people who’ve acquired a foreign divorce, no longer acknowledged through Irish regulation, from remarrying as long as the alternative person inside the marriage is alive. You can read greater about how the State acknowledged overseas divorces earlier than this referendum right here.

By voting yes within the referendum, humans authorized the replacement of this section with the subsequent wording: “Provision can be made via regulation for the recognition under the law of the State of a dissolution of marriage granted underneath the civil law of every other kingdom.” This will now permit the Oireachtas to legislate for the recognition of overseas divorces. Future legalization added ahead will be guided by the Law Reform Commission, which releases public reports. It will nevertheless be unlawful for someone to remarry in Ireland if their foreign divorce isn’t acknowledged beneath Irish regulation.

The changeset to be delivered into the Constitution relates most effectively to the dissolution of marriages via divorce. It doesn’t relate to marriages; in a assertion to TheJournal.I.e., a spokesperson for the Department of Justice stated: “The amendments to Article 41. Three of the Constitution which has been placed to the humans in [the] referendum will now not affect the law on the popularity of marriages.”
In this manner that any law related to marriage is unaffected via the yes vote in the referendum.


The referendum will not result in baby marriages, baby brides, or polygamy being acknowledged below Irish regulation. The referendum was at the regulation of divorce – particularly in allowing the Oireachtas to legislate to realize foreign divorces. It becomes not anything to do with recognizing foreign marriages, best overseas divorces. As a result, we feed the claim that the referendum on divorce should cause toddler marriages to be known in Ireland: NONSENSE As according to our verdict manual, this means: The declare is wildly faulty, logically not possible, and/or ridiculous.

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