Macca’s lawyer blasts Irish
divorce laws
PAUL McCartney’s
British lawyer has hit out at Ireland’s divorce regime.
Nicholas Moyston QC, the family law barrister who is acting for Paul McCartney
in his £825million divorce, said it “beggared belief”
that the regulations known as Brussels II were introduced in Ireland without
adequate public debate.
Mr Moyston, dubbed ‘Mr Payout’ because of his formidable
reputation for winning huge settlements for his wealthy clients, said
it was “outrageous” that both the Irish and British governments
had implemented Brussels II into domestic law when it had an opt-out available.
Divorce was legalised in Ireland almost 10 years ago with just a 1 per
cent referendum majority.
Under legislation introduced in 1997, Irish couples must be separated
and living apart for four years before issuing divorce proceedings.
The rule was inserted into Ireland’s divorce laws in order to protect
impoverished wives and to uphold the institution of marriage.
But Brussels II and its successor Brussels IIa, which govern the recognition
of divorce, legal separation, annulment and child abduction in EU member
states, now allows Irish husbands and wives to file for divorce in another
country if they claim habitual residence there.
“It beggars belief that Brussels II was suddenly imposed on Irish
and British citizens without any public consultation,” said Mr Moyston,
who arrived in Dublin last week to attend an international conference
of family law judges.
“The public in both countries should have been afforded the opportunity
to resist it.”
He branded the rules as ridiculous and inflexible.
McCartney issued divorce proceedings against his wife Heather Mills in
May.
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