Legal issues Ireland

Ireland offers the possibility of marriage for foreign citizens, by adhering to certain legal procedures and requirements. 

 

Basic requirements

Age restriction: Both partners must be over 18 years of age.

Marital status: Both partners must be free to marry (not in another marriage or civil partnership).

Consent: The marriage must be by mutual consent without coercion.

Understanding the nature of marriage: Both partners must understand the legal and social consequences of marriage.

 

Notification of intention to marry

Notification period: The intention to marry must be submitted in person at the Registrar's office no less than 3 months before the intended wedding date.

Exceptional cases: In rare instances, you can request a reduction of this period through the court by providing substantial reasons.

 

Required documents

- Valid passport or national ID card (for EU/EEA citizens).

- Full birth certificate with apostille and certified translation into English or Irish if the document is in another language.

- Proof of address: utility bills, bank statements, or official letters.

- Personal PPS number (if applicable) for those residing or working in Ireland.

- Marital status certificate:

   If never married: affidavit of marital status.

   If divorced: original decree absolute with apostille and certified translation.

   If widowed: death certificate of the previous spouse with apostille and translation.

- Certificate of No Impediment from your country, verifying your freedom to marry.

- Proof of immigration status: valid visa or residence permit in Ireland.

 

Planning the ceremony

- Choice of ceremony type:

  Civil ceremony: conducted by the Registrar at an official venue.

  Religious ceremony: conducted by an authorized representative of a religious body.

  Secular ceremony: conducted by an accredited solemnizer.

- Venue: must be approved by the Registrar and open to the public.

- Witnesses: two witnesses over 18 years old are required.

 

Additional tips

Language interpretation: If you or your partner are not proficient in English or Irish, it is recommended to hire a qualified interpreter for the ceremony and communications with the Registrar.

Document legalization: Ensure that all foreign documents have an apostille and certified translation into English or Irish.

Consultation with the embassy: Contact your country's embassy or consulate in Ireland for further information and assistance.

 

Important: This information is up to date at the time of writing, but it's advisable to consult official sources or a legal advisor for verification of details and updates.

Registering a child’s birth in Ireland is a mandatory procedure that ensures your child has official status and access to public services. 

 

Registration deadlines

The child's birth must be registered within 3 months from the date of birth.

 

Where to register

Civil registration service: Visit the nearest registration office at your place of residence.

  

 

Required documents

 

- Birth certificate from the hospital: Issued by the medical facility after birth.

- Parent identification: Passports or national IDs with a photo.

- Proof of address: Utility bills, bank statements, or official letters (dated no more than 6 months earlier).

- Parents' PPS numbers, if available.

- Marriage or civil partnership certificate (if applicable):

   If parents are married or in a civil partnership, provide the relevant documents with apostille and certified translation into English or Irish.

 

Registration Procedure: Both parents must be present during registration. In cases where one parent cannot be present, additional documentation will be required.

 

Obtaining a Birth Certificate

Cost: The first short certificate is usually provided free of charge. A full birth certificate costs around €20 per copy.

How to order: The certificate can be ordered directly at the office or through online services (https://www2.hse.ie/services/births-deaths-and-marriages/get-birth-certificate/).

 

Special Cases

Parents not married: If parents are not married but wish to include the father on the birth certificate, his presence is mandatory.

One parent absent: If one parent cannot be present, contact the registration office for information on necessary additional documents.

Foreign nationals: All documents in a foreign language must be translated into English or Irish by a certified translator.

 Proof of legal residence in the country may be required.

 

Child's Citizenship

Automatic Citizenship: A child born in Ireland to foreign parents does not automatically receive Irish citizenship.

Conditions for obtaining citizenship: If at least one parent has lawfully resided in Ireland for at least 3 of the 4 years preceding the child's birth, the child may be eligible for Irish citizenship.

Important: The information is current at the time of writing; however, it is recommended to verify details on official websites or consult a legal advisor for updates.

1. Choose the legal form of the organization.

 

2. Business Name Registration

Checking name availability: Before registration, make sure that the chosen name is unique and not registered by another company.

 You can check through the Companies Registration Office of Ireland (https://www.cro.ie/).

 

Registering the name: If you operate as a sole trader or partnership and use a name other than your personal name, it must be registered with the Companies Registration Office of Ireland.

For limited liability companies, the name is registered during the company's registration process.

 

3. Company Registration

- Document preparation:

  Memorandum and Articles of Association: defines the company's objectives and operating rules.

  Form A1: contains information on directors, the secretary, shareholders, and the registered office address.

 

- Application submission:

  The application is submitted to the Companies Registration Office of Ireland along with the necessary documents and the registration fee. Registration usually takes between 5 to 10 business days.

 

- Appointment of Directors and Secretary:

  At least one director must be a resident of the European Economic Area. The company must have a secretary, who can be one of the directors.

 

- Registered Address:

The company must have a registered office in Ireland.

 

4. Tax Registration

Tax Registration Number (TRN): After registering with the Companies Registration Office of Ireland, it is necessary to register with the Irish Revenue (https://www.revenue.ie/) to obtain a tax number.

 

Value Added Tax: If the expected turnover exceeds the threshold for compulsory VAT registration, you must register with the Tax Office to obtain a VAT number.

 

Employee Income Tax: If you plan to hire employees, you must register with the Tax Office as an employer.

 

5. Opening a Bank Account.

 

6. Licenses and Permissions

- Determine necessity: Depending on the type of activity, obtaining special licenses or permits may be required.

- Contact relevant authorities: Contact local authorities or professional associations for information on necessary licenses.

 

7. Accounting and Reporting

Accounting: Keep accurate records of all the company's financial transactions.

Annual reporting: Submit financial statements annually to the Companies Registration Office of Ireland.

Audit: Small companies may be exempt from mandatory audits if certain conditions are met.

 

8. Business Insurance

Mandatory insurance: If you have employees, it is necessary to arrange employer's liability insurance.

Additional insurance: Depending on the type of business, additional insurance may be required, such as professional liability insurance.

 

Additional Tips

Consult with lawyers and accountants to obtain professional advice and assistance during the registration process.

The Role of Notaries in Ireland

In Ireland, notaries are independent legal professionals authorized to certify documents, authenticate signatures, and perform other notarial acts. Their primary function is to verify the authenticity of documents for use abroad.

 

Services Provided by Notaries

- Signature authentication: Verification of the authenticity of signatures on documents.

- Drafting and certification of powers of attorney: Preparation and notarization of powers of attorney for use in other countries.

- Certification of document copies: Certification of copies of official documents such as passports, birth certificates, etc.

- Document apostille: Affixing an apostille to recognize documents in countries that are parties to the Hague Convention.

 

Finding a Notary: Find a notary through the Faculty of Notaries Public in Ireland (https://www.notarypublic.ie/) or by recommendation.

Some notaries specialize in working with foreign nationals and are proficient in foreign languages.

Divorce in Ireland is governed by family law and requires compliance with specific legal procedures.

 

Main Requirements for Divorce

Living separately: The spouses must live separately from each other for at least two of the last three years before filing a divorce petition.

No prospect of reconciliation: The court must be convinced that there is no reasonable prospect of reconciliation.

Proper provision: Arrangements must be made for the proper provision of both spouses and any dependent family members (such as children).

 

Definition of Living Separately

Physical separation: Spouses may live under one roof but must maintain separate households.

Legal recognition: It is important to prove that the relationship has ended and the spouses do not function as a couple.

 

Divorce Application Process

1. Obtain legal advice: It is advisable to consult with a qualified family lawyer for advice and guidance.

2. Prepare necessary documents: 

   - Divorce petition: The main document filed with the court.

   - Affidavit of means: Detailed information on the financial standing of each spouse.

   - Affidavit of welfare: If there are children, information on their welfare and care plans.

3. File documents in court: Documents are submitted to the Circuit Court or High Court depending on the complexity of the case.

4. Notify the other spouse: The other spouse must be officially notified of the filing and receive copies of all documents.

5. Response to the petition: The other spouse has the right to file a counter-petition or agree to the terms.

6. Court hearing: The court will consider the case, make decisions on property matters, child custody, alimony, and other related issues.

7. Issuing a decree: If the court is satisfied with the fulfillment of all requirements, it will issue a Decree of Divorce.

 

Alternative Dispute Resolution Methods

- Mediation: A neutral mediator helps the spouses reach an agreement on disputed issues.

Collaborative law: The parties and their lawyers work together to resolve the matter without going to court.

Separation agreement: A legally binding agreement that sets the terms of separation without formal divorce.

 

Specifics for Foreign Nationals

Court jurisdiction: At least one of the spouses must reside in Ireland or have close ties to the country.

Recognition of foreign marriages and divorces: Ireland recognizes marriages contracted abroad provided local laws are complied with; divorces obtained in other countries may be recognized in Ireland, but this depends on the specific circumstances.

Visa and Immigration Consequences: Divorce can affect your immigration status, especially if your residency permit depended on marriage to an Irish or EU citizen.

 

Important: The information is current at the time of writing; however, it is recommended to consult official sources or a legal consultant for updates and personalized advice.

Ireland offers a variety of options for obtaining legal help and consultations for both citizens and immigrants.

 

Legal Aid Board

A state body providing free or low-cost legal help to individuals with limited financial means.

Services:

  Consultations on civil matters, including family law, immigration issues, and social welfare.

  Representation in courts and tribunals.

Contacts:

  Phone: +353 (0)66 947 1000 or +353 (0)1 646 9600

  Email: info@legalaidboard.ie

  Website: (http://www.legalaidboard.ie/en/)

 

Immigrant Council of Ireland

An independent organization providing support to immigrants on various issues.

Services:

  Legal advice on immigration, family reunification, and human rights.

  Support for victims of human trafficking and racial discrimination.

Contacts:

  Support line phone: +353 1 674 0200

  Email: admin@immigrantcouncil.ie

  Website: (http://www.immigrantcouncil.ie/)

 

Free Legal Advice Centres

An independent organization providing free and confidential legal advice.

Services:

  Consultations on a wide range of legal issues.

  Referral to specialized lawyers if necessary.

Contacts:

  Phone: +353 1 874 5690

  Website: (https://www.flac.ie/)

 

Refugee Legal Service

Provides legal assistance to asylum seekers.

Services:

  Consultation and representation in the asylum application process.

  Assistance in appeals and legal proceedings.

Contacts:

  Phone: +353 (0)1 646 9600

  Website: (http://www.legalaidboard.ie/en/)

 

Online Legal Resources

- Citizens Information: Provides detailed information on rights and obligations in Ireland.

  Website: (https://www.citizensinformation.ie/)

- UNHCR Ireland: Information and resources for refugees and asylum seekers.

  Website: (https://help.unhcr.org/ireland/)

When official documents issued in one country need to be used in Ireland, their translation and proper certification are required.

 

Apostille of the original document

Before translation, the authenticity of the original document must be verified. Ireland and many other countries are parties to the 1961 Hague Convention, which simplifies the legalization process of documents through an apostille.

- Apostille: A special stamp confirming the authenticity of a document, recognized in the countries party to the convention.

- Where to obtain an apostille: The apostille is affixed by the competent authorities of the country where the document was issued. For documents issued in Ireland, the apostille is provided by the Department of Foreign Affairs and Trade of Ireland.

 

Document translation

After obtaining an apostille, the document must be translated into English or Irish.

- Choosing a translator: It is recommended to contact professional translators or specialized translation agencies.

 

Certification of translation

To give the translation legal force, it must be certified. In Ireland, the following types of certification are available:

- Certified translation: The translator or translation agency confirms the accuracy of the translation by providing a certificate indicating their qualifications and contact details. This translation is often accepted by government bodies and organizations.

- Notarized translation: A notary certifies the translator's signature and confirms that the translation matches the original. This is required when the document is to be used for official or legal purposes outside Ireland.

 

Additional requirements for foreign documents

If the original document is issued outside Ireland, the following points should be considered:

Legalization: For countries not party to the Hague Convention, consular legalization of the document may be required. The procedure includes authenticating the document at the Irish consulate in the country of issuance.

Translation into English or Irish: Documents in other languages must be translated into English or Irish, followed by notarization of the translation.

Structure of the judicial system

Supreme Court: The highest judicial authority in Ireland. It hears appeals from the Court of Appeal and ensures compliance with the Constitution of Ireland.

 

Court of Appeal: Created to alleviate the Supreme Court. 

Examines appeals from decisions of the High Court in both civil and criminal cases.

 

High Court: Has jurisdiction to hear first instance cases involving serious civil and criminal matters; hears appeals from lower courts.

 

Circuit Court: Hears civil cases involving disputes up to €75,000 and some criminal cases; has limited jurisdiction compared to the High Court.

 

District Court: Lower court handling minor civil and criminal cases with disputes up to €15,000; also hears cases involving traffic violations and other minor offenses.

 

Judges and their independence

Judges in Ireland are appointed by the president on the recommendation of the government and have complete independence in decision-making.

 

 

Features of criminal procedure

- Jury: In Ireland, juries are provided for serious criminal cases such as murder and robbery. 

- Accusations and defense: Defendants have the right to qualified legal counsel and defense at all stages of the process.

- Appeal: Defendants have the right to appeal the court's decision to a higher instance.

 

Alternative dispute resolution methods 

In addition to the courts, Ireland has developed alternative dispute resolution methods such as mediation, arbitration, and collaborative law.

Buying real estate in Ireland is a process that requires careful planning and adherence to specific legal procedures.

 

Transaction and legal formalities

- Offer to purchase: After selecting a suitable property, make an official offer to the seller through a real estate agent. If the offer is accepted, the property is considered "Sale Agreed," and the process of finalizing the transaction begins.

- Appointment of a solicitor: Hire a qualified solicitor specializing in real estate to assist with the transaction. The solicitor will conduct a legal status check on the property, prepare necessary documents, and ensure compliance with all legal procedures.

- Deposit: After the offer is accepted, a deposit, usually about 10% of the property value, is typically required. The deposit is given to the real estate agent or the seller's solicitor and is held until the completion of the transaction.

- Legal status check: The buyer's solicitor checks the property's documents, including ownership rights, any encumbrances, and compliance with building regulations. Additional documents or clarifications may be requested from the seller if necessary.

- Signing contracts: After the check is complete and all issues are resolved, the parties sign the sales contract. At this stage, the buyer pays the remaining deposit if it is stipulated by the transaction terms.

- Completion of the transaction: On the agreed date of transaction completion, the buyer transfers the remaining amount of the property value. The seller's solicitor transfers the ownership documents to the buyer's solicitor, and the official transfer of property rights occurs.

 

Ownership registration

- Registration in the Property Registration Authority: The buyer's solicitor submits documents for registration of ownership in the Property Registration Authority of Ireland (https://www.prai.ie/).

 

Additional costs and taxes

Stamp duty: Buyers are required to pay stamp duty, which is 1% of the property's value up to €1 million and 2% of the amount exceeding €1 million.

Legal expenses: Solicitor services are paid separately and usually amount to 1% to 1.5% of the property's value.

Expenses for appraisal and inspection: If professional appraisers or inspectors are engaged, their services are paid for additionally.

 

Purchasing real estate in Ireland requires a careful approach and adherence to established procedures. Collaborating with qualified professionals, such as real estate agents and solicitors, will ensure a successful transaction and protection of your interests.

Adoption

Adoption procedure:

Application to the Adoption Authority: Candidates submit an application to the Adoption Authority of Ireland, which is responsible for the adoption process.

Candidate assessment: A thorough assessment is conducted, including evaluating the applicants' financial situation, health, character, and family circumstances.

Training: Candidates must complete mandatory adoption preparation courses.

Court decision: After the successful completion of all stages, the case is forwarded to the court for a final adoption decision.

 

Requirements for adoptive parents:

Age: Minimum age is 21 years.

Marital status: Adoptive parents can be single or a married couple.

Residence: Applicants must reside in Ireland.

 

Rights of adopted individuals: According to the Adoption Act 2010, adopted individuals have the right to access information about their origins upon reaching 18 years of age. In 2022, the Birth Information and Tracing Act was enacted, granting adopted persons automatic access to their birth records and other information regarding their origins.

 

Guardianship and Custody

Guardianship: Guardianship provides an individual with the legal right to make decisions regarding the child's welfare, including education, religion, and medical care.

Custody: Custody concerns the day-to-day care of the child and determines who the child will live with.

Procedure for appointing a guardian:

- Application to the court: A person wishing to become a guardian submits an application to the court.

- Court consideration: The court considers the child's interests, the relationship with the applicant, and the applicant's ability to care for the child.

- Court decision: If the decision is positive, the court issues an order appointing the guardian.

Rights and responsibilities of the guardian

Decision-making: The guardian has the right to make decisions regarding the child's education, medical care, and religious upbringing.

Care responsibilities: Ensuring the child's welfare and safety.

 

International Adoption

International adoption procedure:

Application to the Adoption Authority of Ireland: Candidates submit an application and undergo assessment.

Cooperation with the central authority of the child's country of origin: The adoption process is conducted in cooperation with the competent authorities of the country from which the child originates.

Completion of adoption: After all procedures are completed, the child arrives in Ireland, and the adoption is recognized according to Irish law.