Cecily Zamora
Marriage laws in Ireland have been subject to incremental changes over the years, with legislative amendments impacting not only who can marry but also the methods through which couples can formalise their unions. While same-sex marriage is now recognised, various categories of couples remain prohibited from marrying under Irish law. This includes certain relationships defined by consanguinity and affinity. The question of whether an individual can marry their brother-in-law in Ireland falls under these prohibitions, which have been the subject of debate and potential reform.
| Characteristics | Values |
|---|---|
| Marrying a brother-in-law in Ireland | Prohibited unless the spouse is deceased |
| Consanguinity | Prohibits a woman from marrying a range of blood relatives, including her brother |
| Affinity | Prohibits a woman from marrying certain step-relatives or in-laws |
| Same-sex marriage | Recognised |
| Foreign divorces | Recognised if from an EU state or the UK |
| Religious ceremonies | In decline |
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![Digest of the Irish Marriage Law, by Robert E. Matheson ... Published by Authority of the Registrar-General 1888 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
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What You'll Learn
- Marrying your brother-in-law was prohibited for centuries in Ireland
- A 2006 High Court decision removed the restriction on marrying a deceased spouse's sibling
- Irish law prohibits marriages between certain blood relatives
- Marriages between certain step-relatives or in-laws are also forbidden
- Marriage laws in Ireland have undergone modernisation in recent years
Marrying your brother-in-law was prohibited for centuries in Ireland
Marrying one's brother-in-law has been prohibited in Ireland for centuries. Under Irish law, certain people related by blood or marriage cannot marry as they fall within the 'prohibited degrees of relationship'. These prohibitions are based on 'consanguinity', which refers to a blood relationship, and 'affinity', which refers to a relationship by marriage.
On the basis of consanguinity, a woman is prohibited from marrying her brother, among other blood relatives. Equivalent prohibitions apply to men. On the basis of affinity, a woman is not permitted to marry her former husband's brother, among other step-relatives or in-laws.
However, legislative reform in the early 1900s permitted marriages between a person and their brother-in-law if the spouse was deceased. This reform was further extended by a 2006 High Court decision that removed the restriction on marrying the sibling of a divorced spouse. Despite these relaxations, the range of forbidden relationships in Ireland is still much wider than in many other countries. For example, in England and Wales, relationships between in-laws are allowed, and in Canada and Australia, there are no limits placed on the ability of couples related by affinity to marry.
In 2015, the Irish Minister for Justice acknowledged that prohibitions preventing in-laws from marrying 'may be outmoded' and indicated that a review of the law was being considered. Any resulting reform would represent the last step in the modernisation of Irish marriage law, which has undergone significant changes in recent years, including the introduction of divorce and same-sex marriage.
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A 2006 High Court decision removed the restriction on marrying a deceased spouse's sibling
In Ireland, certain people related by blood or marriage cannot marry. These prohibitions are based on consanguinity, a blood relationship, and affinity, a relationship by marriage. Prohibited degrees of kinship for marriage include relatives by blood to prevent incest and extend to relatives by marriage. While same-sex marriage is now recognised in Ireland, various other categories of couples are still prohibited from marrying under Irish law. On the basis of consanguinity, a woman is prohibited from marrying a range of blood relatives, including her brother. Equivalent prohibitions apply to men.
For centuries, a person was also prohibited from marrying their brother- or sister-in-law. However, legislative reform in the early 1900s permitted such marriages where the spouse was deceased. While the resulting legislation continued to prohibit a person from marrying the sibling of a divorced (rather than deceased) spouse, the High Court effectively removed this restriction in its 2006 decision in O'Shea and O'Shea v Ireland & the Attorney General.
Despite this limited relaxation of the prohibitions, the range of forbidden relationships in Ireland is still much wider than in many other countries. Although most jurisdictions generally prohibit relationships between a person and their direct ancestor or descendant, as well as relationships between brothers and sisters, marital relationships between in-laws are allowed in England and Wales, and there are no limits in Canada and Australia. In Ireland, a foreign divorce from a non-EU state will only be recognised if at least one spouse was domiciled in the state that granted the divorce when the proceedings started.
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Irish law prohibits marriages between certain blood relatives
Marriage in Ireland is subject to various legal requirements, and there are several impediments to marriage in the country. Irish law prohibits marriages between certain blood relatives, and those who fall within these "prohibited degrees of relationship" cannot marry. These prohibitions are based on consanguinity, or blood relationships, including half-blood relationships (where individuals have one parent in common).
On the basis of consanguinity, a woman is prohibited from marrying a range of blood relatives, including her grandfather, father, uncle, brother, son, grandson, or nephew. Equivalent prohibitions apply to men. In the past, a person was also prohibited from marrying their brother- or sister-in-law. However, legislative reform in the early 1900s permitted such marriages if the spouse was deceased. The High Court further relaxed this restriction in 2006, allowing a person to marry the sibling of a divorced spouse.
While same-sex marriage is now recognised in Ireland, various other categories of couples are still prohibited from marrying under Irish law. For instance, a woman is not permitted to marry certain step-relatives or in-laws, such as the former husband of her grandmother, mother, aunt, daughter, niece, or granddaughter. These prohibitions are based on "affinity". However, it is worth noting that in England and Wales, relationships between in-laws are allowed, and only relationships between step-parents and step-children or step-grandparents and step-grandchildren are prohibited.
The legitimacy of these prohibitions, particularly those based on affinity, has been questioned, and there have been calls for a review of the law. Any resulting reform would represent a further step in the modernisation of Irish marriage law, which has undergone significant changes in recent years. For example, the number of religious marriage ceremonies has declined, with just 63% of couples choosing a religious ceremony in 2017. Additionally, the introduction of divorce in 1996 has led to legislative amendments not only in who can marry but also in the ways couples can choose to marry.
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Marriages between certain step-relatives or in-laws are also forbidden
Marriages between certain step-relatives or in-laws are forbidden in Ireland. For centuries, a person was prohibited from marrying their brother- or sister-in-law. However, legislative reform in the early 1900s permitted such marriages if the spouse was deceased. While this reform was a step forward, it still prohibited a person from marrying the sibling of a divorced spouse. It was not until 2006, with the High Court decision in O'Shea and O'Shea v Ireland & the Attorney General, that this restriction was removed. Despite these changes, Ireland still has a wider range of forbidden relationships compared to many other countries.
The legitimacy of prohibitions based on affinity or "in-law" relationships has been questioned. In England and Wales, relationships between in-laws are generally allowed, with only a few exceptions, such as between a step-parent and step-child. Similarly, countries like Canada and Australia have abolished all restrictions based on affinity, allowing couples related by affinity to marry without legal restrictions.
In Ireland, a woman is prohibited from marrying certain step-relatives or in-laws, such as the former husband of her grandmother, mother, aunt, daughter, niece, or granddaughter. These prohibitions also apply to men. For example, a man cannot marry his former wife's grandfather, father, uncle, son, nephew, or grandson. These restrictions are based on the concept of "affinity," which defines the prohibited relationships between a person and their in-laws.
While same-sex marriage is now recognised in Ireland, there are still various categories of couples who are prohibited from marrying under Irish law. These prohibitions are based on both consanguinity (blood relationships) and affinity (in-law relationships). The recognition of foreign divorces in Ireland also varies depending on whether they occurred within the EU or a non-EU state, with specific requirements for each case.
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Marriage laws in Ireland have undergone modernisation in recent years
Marriage laws in Ireland have indeed undergone modernisation in recent years. The most notable change is the introduction of same-sex marriage, which has been legal in Ireland since 16 November 2015, following the 2015 Irish constitutional referendum. This change has allowed for the recognition of same-sex marriages performed abroad, with the first marriage ceremonies of same-sex couples in Ireland taking place on 17 November 2015.
Another significant modernisation is the decline in religious marriage ceremonies. In 1987, 96.5% of all marriage ceremonies in Ireland were religious. By 2017, this number had dropped to 63%, indicating a shift towards secular wedding practices. This is likely influenced by the increasing diversity of solemnisers, which now include civil registrars, humanist celebrants, and other non-religious options.
Additionally, Ireland has seen legislative amendments regarding divorce. Divorce was introduced in 1996, and prior to that year, it was constitutionally prohibited. The Fifteenth Amendment of the Constitution of Ireland in 1995 legalised divorce, despite opposition from the Catholic Church.
There have also been discussions around reforming marriage laws to remove prohibitions on marrying certain relatives by blood or marriage, also known as "consanguinity" and "affinity". While same-sex marriage is now recognised, various other categories of couples, such as some in-law relationships, are still prohibited from marrying under Irish law. These prohibitions are being questioned, and a review of the law in this area has been considered by the Department of Justice and the Department of Social Protection.
Overall, the modernisation of marriage laws in Ireland reflects the country's evolving social landscape and the pursuit of greater inclusivity and recognition of diverse relationships.
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Frequently asked questions
Marrying your brother-in-law was prohibited in Ireland for centuries. However, in the early 1900s, legislative reform permitted such marriages if the spouse was deceased. In 2006, the High Court removed the restriction on marrying the sibling of a divorced spouse. Therefore, it is currently legal to marry your brother-in-law in Ireland.
A brother-in-law is defined as the brother of your spouse. In Ireland, same-sex marriage is recognised, so your brother-in-law could be the brother of your husband or wife, regardless of their gender.
Yes, on the basis of "affinity", a woman is prohibited from marrying certain step-relatives or in-laws, such as the former husband of her grandmother, mother, aunt, daughter, niece or granddaughter. Equivalent prohibitions apply to men.
Yes, it is legal to marry your deceased spouse's brother or sister in Ireland.
On the basis of "consanguinity", a woman is prohibited from marrying blood relatives, including her grandfather, father, uncle, brother, son, grandson or nephew. Equivalent prohibitions apply to men.
