The Gazette 1975

time being can contract in this Country a valid second

marriage. But it does not purport to interfere with the

present law that dissolution of marriage by

foreign

Courts, where the parties are domiciled within the juris-

diction of those Courts,

will be recognised as effective

here. Nor does it in any way invalidate the remarriage

of such persons".

After the Mayo Perrott case there was no further

Irish authority on the problem until the case of the

Bank of Ireland

Caffin

(1971) IR 123, a Testator

had divorced his wife in England in 1956, both then

being domiciled there. Later he remarried in the

Registry Office in Dublin, his new wife being domiciled

in Ireland. He died in 1970 and on a claim under the

Succession Act 1965 Judge Kenny had to decide if

his

Irish

wife (i.e. the second) had

become his lawful

spouse, i.e.

did the Irish Courts recognise the divorce

in England in 1956. He agreed with what Judge Kings-

mill Moore had said in the Mayo Perrott case and held

that the English decree of divorce should be recognised.

The Testator was therefore free to remarry in Dublin

although he had been divorced, and his second wife

was entitled to her share under the Succession Act.

(Intestate = Spouse §; Children

Testate = If Child-

ren £ to Spouse; If no Children, \ to Spouse.

Let us now turn to the question as to whether Irish

Citizens can be divorced abroad?

The answer is in the affirmative but there are

difficulties so far as England is concerned, although

it is easier in some foreign Countries such as Santo

Domingo.

Divorce was obtainable in England for parties dom-

iciled there on three main grounds:. (1)

Adultery;

(2) Desertion; (3) Incurable Unsoundness of Mind.

These grounds are now being widened by allowing

consent of the parties, and agreement to separate for

two years if the Respondent does not object, otherwise

five years.

The main difficulty so far as Irish Citizens are con-

cerned is the question of

jurisdiction

but since 1st

January 1974 one years "habitual residence" in England

is now sufficient.

Conclusion:

So much for Divorce and Separation. I would like

to finish by quoting from a book by Dr. Mary Macaulay

who was not only a medical doctor in England but a

Magistrate. The boik is entitled "Marriage for the

Married" and in it she says "The first necessary adjust-

ment in a happy marriage is to learn how to work

in double harness, so that instead of finding the close-

ness of the partnership irksome, husband and wife

discover that the old saying really is true, that troubles

are halved and joys increased when they are shared.

Happy marriage is never found ready made, it is the

result of loving consideration and hard work on the

part of two people who are determined to make it a

success."

Association of Irish

Jurists

A meeting was held on Monday, 25th November,

1974 in order to re-organise the Association which

had been moribund since 1969. Mr. Hugh O'Flaherty,

B.L. presided and was eventually appointed Acting

Chairman, Miss Barbara Hussey, Vice-Chairman and

Mr. Colum Kenny, B.L., as Secretary and Treasurer.

Amongst the solicitors elected to the acting Committee

in order to draft a revised Constitution were the

incoming President, Mr. Osborne, the incoming Senior

Vice-President, Mr. P. C. Moore, and Mr. Maurice

Kenny. It was decided to set up two Sub-Committees

on some aspect of Family Law, and on some aspect of

the Law of Evidence, which would eventually produce

Reports. It was thought that no useful purpose could

be served by lectures unless they were given by

distinguished foreigners. Mr. Sean MacBride, S.C.,

former Secretary-General of the International Com-

mission of Jurists, and now United Nations Com-

missioner for Namibia, was to be notified of the revival

of the Association.

Dublin Solicitors' Bar

Association

The Annual Dinner of the Society was held in the

Library of Solicitors' Buildings on Saturday, 7th

December, 1974. Amongst the guests were the Presi-

dent of the High Court (Mr. Justice O'Keeffe), the

President of the Circuit Court (Judge Conroy), Judge

Ryan, Judge Barrett, Judge Sheehy, Judge Clarke, the

President of the District Court (Justice O'Flynn) and

some of the District Justices attached to the Dublin

area. The toast of "Our Guests" was proposed by the

President of the Association, Mr. Patrick Golden, and

responded to by Judge Gerard Clarke. The toast of

"The Association" was proposed by Commdt. James

Liddy, Deputy Judge Advocate-General, and responded

to by Mr. Rory O'Donnell. In accordance with

custome, Mr. Rory O'Connor arranged the musical

programme which was enjoyed by all.