Cameron Miranda
Marriage laws in Ireland have evolved over the years, with the country witnessing a significant shift from religious to civil and secular marriage ceremonies. While same-sex marriage is now recognised, various categories of couples are still prohibited from marrying under Irish law. One such category is relationships by affinity, which includes in-laws. This prohibition is based on the idea that a married couple becomes one flesh, and those connected by marriage are related in a way that makes marriage between them improper. However, in 2006, the High Court ruled in favour of a woman wishing to marry her divorced husband's brother, challenging the restrictions on affinity. This has sparked discussions about the legitimacy of prohibitions based on affinity, with some arguing that they may be outdated. As a result, the Irish government may pursue a review of marriage laws to modernise them further.
| Characteristics | Values |
|---|---|
| Marrying your sister-in-law in Ireland | Prohibited by law |
| Reasons | Based on "affinity", a doctrine of canon law that regards a married couple as "one flesh" |
| Exceptions | You can marry your deceased spouse's sister or brother, or if your marriage ended due to divorce and not death |
| Other prohibited relationships | Marrying direct ancestors or descendants, siblings, step-parents, step-children, etc. |
| Age requirement | 18 years or older |
| Other requirements | Freely consent to the marriage, observe necessary marriage formalities, and give notice of intention to marry |
| Types of marriage ceremonies | Religious, secular, and civil |
| Recognition of foreign divorces | Recognised if from an EU state or if at least one spouse was domiciled in the state that granted the divorce |
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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 sister-in-law was forbidden in Ireland until the Deceased Wife's Sister's Marriage Act 1907
- In 2006, the High Court ruled in favour of a woman wishing to marry her ex-husband's brother
- In 2015, the Irish Minister for Justice considered reviewing the law prohibiting in-laws from marrying
- Marriages in Ireland can be religious, secular, or civil
- Irish marriage law has been incrementally amended since the introduction of divorce in 1996
Marrying your sister-in-law was forbidden in Ireland until the Deceased Wife's Sister's Marriage Act 1907
Marrying one's sister-in-law was forbidden in Ireland until the Deceased Wife's Sister's Marriage Act 1907. This Act was introduced to prevent marriages within the prohibited degrees, which included relatives by blood (consanguinity) and relatives by marriage (affinity). Before the Act, marriage was a matter of canon law in the United Kingdom and its predecessor kingdoms, including Ireland. The affinity rules of Catholic canon law, which regarded a deceased wife's sister as within the prohibited degrees, were replaced after the Reformation with prohibitions based on the incest prohibitions of Leviticus 18. This change was enacted in England by the Marriage Act 1540 and Matthew Parker's 1563 "Table of Kindred and Affinity", which were later adopted in Ireland.
The Deceased Wife's Sister's Marriage Act 1907 was a result of robust campaigning throughout the 19th century, which led to legislative reform in the early 1900s. The Act allowed marriages between a person and their deceased spouse's sister or brother, filling a previous legislative gap that had left children in uncertain circumstances. While the legislation continued to prohibit a person from marrying the sibling of a divorced spouse, this restriction was lifted by the High Court in 2006 in the case of O'Shea and O'Shea v Ireland & the Attorney General.
In Northern Ireland, the Deceased Brother's Widow's Marriage Act (Northern Ireland) 1924 was passed to remove doubts about the application of the 1921 Act. Section 3 of the 1907 Act was repealed by the Matrimonial Causes Act (Northern Ireland) 1939, and further amendments were made in 1949, 1978, and 1984. In the Republic of Ireland, the 1907 Act has not been amended since 1921, and amendments made by Westminster after the Constitution of the Irish Free State came into force do not apply.
While Irish marriage law has been incrementally reformed since the introduction of divorce in 1996, various categories of couples remain prohibited from marrying under Irish law. Prohibited relationships based on consanguinity include those between blood relatives such as grandparents, parents, siblings, and children. Prohibited relationships based on affinity include those between certain step-relatives or in-laws. However, the legitimacy of these prohibitions has been questioned, and in 2015, the then Minister for Justice, Frances Fitzgerald, indicated that a review of the law may be necessary.
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In 2006, the High Court ruled in favour of a woman wishing to marry her ex-husband's brother
Marrying a sister-in-law was prohibited in Ireland for centuries. However, in 2006, the High Court ruled in favour of a woman wishing to marry her ex-husband's brother. This ruling, O’Shea and O’Shea v Ireland & the Attorney General, effectively removed the restriction on marriages between a person and their divorced spouse's sibling. While this decision represents a relaxation of previous prohibitions, it is worth noting that Ireland still has a wider range of forbidden relationships compared to many other countries.
Before the 2006 ruling, legislative reform in the early 1900s had already permitted marriages between a person and their deceased spouse's sibling. This reform came about after robust campaigning throughout the 19th century. However, even after the 2006 ruling, a person was still prohibited from marrying certain step-relatives or in-laws, such as the former husband of their grandmother, mother, aunt, daughter, niece, or granddaughter.
The evolution of Irish marriage law has been influenced by incremental constitutional and legislative amendments since the introduction of divorce in 1996. One notable shift is the decline in the number of religious marriage ceremonies, with just 63% of couples choosing a religious ceremony in 2017. The legalization of same-sex marriage in 2015 also marked a significant change, reflecting wider social progress in Ireland.
To marry in Ireland, couples must meet specific legal requirements. Both parties must be over 18 years old, freely consent to the marriage, and observe necessary marriage formalities, such as contacting the Civil Registration Service and providing notice of their intention to marry. While foreign divorces may be recognized in some cases, they are not always valid under Irish law, and specific conditions must be met.
In conclusion, the 2006 High Court ruling in favour of a woman marrying her ex-husband's brother was a significant step towards modernizing Irish marriage law. This ruling removed a longstanding restriction on marriages between a person and their divorced spouse's sibling, bringing Ireland closer to other countries that place fewer restrictions on marriages based on affinity.
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In 2015, the Irish Minister for Justice considered reviewing the law prohibiting in-laws from marrying
In Ireland, certain people related by blood or marriage cannot get married. These prohibitions are based on "consanguinity" and "affinity". Consanguinity refers to a blood relationship, including half-blood, while affinity refers to relationships formed through marriage, such as in-laws. While the specific laws have evolved over time, these prohibitions have existed in Ireland for centuries.
In 2015, Frances Fitzgerald, the then-Minister for Justice, considered reviewing the law prohibiting in-laws from marrying. She acknowledged that the prohibitions may be "outmoded" and signalled that her department and the Department of Social Protection were contemplating a review. This review would have examined the legitimacy of prohibitions based on affinity, particularly as other countries, such as England, Wales, Canada, and Australia, do not impose similar restrictions.
At the time, Ireland had recently undergone significant changes in marriage law, including the introduction of divorce in 1996 and the legalisation of same-sex marriage in 2015. The Marriage Act 2015, which legalised same-sex marriage, was introduced on 15 September 2015 and signed into law on 29 October 2015. It came into force on 16 November 2015, marking a significant shift in Irish marriage law and reflecting wider social changes in the country.
While the review of prohibitions on marriages between in-laws did not result in any immediate legislative changes, it highlighted the evolving nature of Irish marriage law and the ongoing efforts to modernise and adapt these laws to reflect societal values and norms.
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Marriages in Ireland can be religious, secular, or civil
A religious ceremony is performed by a registered religious solemniser from an established religion. These ceremonies usually take place in places of worship and are conducted according to the beliefs and philosophies of that particular religion. Before the ceremony, couples should contact the religious authorities for guidance.
Secular ceremonies, on the other hand, are performed by registered secular solemnisers who do not include any religious or spiritual elements. Humanist ceremonies are the most common type of secular ceremony in Ireland. These ceremonies are often inspired by Celtic/Irish spiritual traditions and can include rituals such as handfasting and blessings.
Civil ceremonies are non-religious and legally binding. They are performed by a registrar, who is a civil servant appointed by the state. These ceremonies can take place in a registry office or an approved room or venue. Civil ceremonies are typically held during office hours and require couples to notify the registrar at least three months in advance.
In Ireland, there are certain restrictions on who can marry whom. Marriages between certain relatives by blood or marriage, such as siblings or direct ancestors and descendants, are prohibited. However, it is important to note that legislative reforms have allowed marriages between a deceased person's sibling, and divorce no longer serves as an impediment to such marriages.
While same-sex marriages are now recognised in Ireland, there are still various categories of couples who are prohibited from marrying under Irish law. These restrictions are based on consanguinity (blood relationships) and affinity (relationships by marriage).
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Irish marriage law has been incrementally amended since the introduction of divorce in 1996
Since then, Irish marriage law has continued to evolve. In 1999, the Irish Human Rights Commission was established, which has since advocated for the legal recognition of de facto relationships, including same-sex couples. In 2010, civil partnerships were introduced, granting same-sex couples similar rights and responsibilities to those of civil marriage. Same-sex marriage was recognised from 2015, and the first same-sex marriage ceremonies occurred in November of that year.
Other changes to marriage law in Ireland since 1996 include the recognition of foreign divorces under certain conditions and the requirement to notify the Civil Registration Service of your intention to marry. There has also been a notable decline in the number of religious marriage ceremonies conducted, with just 63% of couples choosing a religious ceremony in 2017, down from 96.5% in 1987.
While marriage law in Ireland has been incrementally amended, various categories of couples are still prohibited from marrying under Irish law. Marriages between certain relatives by blood or marriage, or 'prohibited degrees of relationship', are not permitted. For example, a woman is prohibited from marrying her brother, father, uncle, or son. Equivalent prohibitions apply to men.
Overall, the introduction of divorce in 1996 marked the beginning of significant changes to Irish marriage law, reflecting wider social changes in the country.
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Frequently asked questions
No, you cannot marry your sister-in-law in the Republic of Ireland. However, you can marry your deceased spouse's sister or brother.
You must be over 18 years of age to marry in Ireland.
There are three types of legally binding marriage ceremonies in Ireland: religious, secular, and civil marriage ceremonies.
Prohibited degrees of kinship for marriage in Ireland include relatives by blood (consanguinity) and relatives by marriage (affinity). This includes a person's parent, grandparent, sibling, child, grandchild, parent's sibling, or sibling's child.
Foreign divorces are generally recognised in Ireland, especially if they are from an EU state. However, divorces from non-EU states will only be recognised if at least one spouse was domiciled in the divorcing state and specific requirements are met.
