merrion street

• Legislation follows historic Divorce Referendum
• Bill reduces the minimum living apart period for spouses seeking a divorce to two of previous three years
• Clarifies meaning of the living apart requirement
• Addresses potential negative impact of no-deal Brexit

Minister Charlie Flanagan has today announced that the Family Law Bill 2019 has now passed all stages in the Oireachtas.

The legislation follows the passing of the divorce referendum on May 24^th to amend articles 41.3.2 and 41.3.3 of the Constitution.  This 38^th Amendment allows for the reduction of the minimum period that couples seeking a divorce are required to live apart.  The referendum was carried by 82% of those who voted.

Speaking following the passage of the Bill in the Seanad this evening, Minister Flanagan said:

I am very pleased that the Family Law Bill 2019 has now been passed by both Houses of the Oireachtas.  At the heart of the Government’s reforms in this area of the law is a desire to ease the burden on people whose marriages have broken down.

In May, the people voted by a large majority to remove the minimum living apart period for spouses seeking a divorce from Article 41.3.2 of the Constitution; and to replace the text of Article 41.3.3 on foreign divorces.

The Family Law Bill 2019 makes a number of amendments to existing laws in relation to divorce in Ireland.  In particular:

• It amends Section 5 of the Family Law (Divorce) Act 1996 to reduce the minimum living apart period specified in that Act to two years during the previous three years (from four years during the previous five years).

• It provides for the recognition of divorces, legal separations and marriage annulments granted under the law of the United Kingdom, in the event that the UK withdraws from the European Union without an agreement that applies to this area of law.

• It gives statutory certainty to the interpretation by the Irish courts of the requirement for spouses to have lived apart for specified periods in order to be eligible to apply for judicial separation or divorce.  A corresponding provision will deal with dissolution of civil partnerships.

Speaking on the Bill in the Seanad, Minister Flanagan acknowledged the initiative shown by Minister Madigan in bringing forward her Private Member’s Bill on Divorce.  He also thanked all parties for supporting him in going further than that original proposal, to deliver a significant modernisation of the text of Article 41.3

Minister Flanagan concluded:

The Bill will reduce the emotional and financial distress experienced by couples whose marriages have sadly broken down.  This legislation will ensure that the process for obtaining a divorce is fair, dignified and humane.  While core protections for marriage continue to remain in our Constitution, this Bill allows both parties to move forward with their lives within a reasonable timeframe.  The people voted for reform. The passing of the Family Law Bill today delivers that reform.

Notes for Editors:

1. The Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 was signed into law on 11 June.  The Act provides for the following amendments to the Constitution that were approved by the people in a referendum on 24^th May:

• Removing from Article 41.3.2 of the Constitution the minimum living apart period for spouses seeking a divorce; and
• Replacing the text of Article 41.3.3 on foreign divorces.

2. The Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 did not change the other provisions in Article 41.3.2, namely that:

• Only a court may grant a divorce;
• There is no reasonable prospect of a reconciliation between the spouses; and
• Proper provision exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law.

3. On 11 July, 2019, Minister Flanagan published the General Scheme of a Family Law Bill to amend the law in relation to divorce and related matters.  The Family Law Bill 2019 was published on 10 October 2019, completed all stages in the Dáil on 16 October and completed all stages in the Seanad on 23 October 2019. 

Additional Provisions of the Bill

• Application for judicial separation can be made after one year living apart, whether or not the respondent spouse consents to the decree of judicial separation being granted.
• Reduction in the minimum living apart period for divorce applications from four years during the previous five years to two years during the previous three years.
• Clarification of the meaning of the “living apart” requirement for judicial separation and divorce applications by giving certainty to the interpretation that has been given by the Irish courts to that requirement.  The Bill provides that spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship.
• Clarification of the meaning of the “living apart” requirement for applications for dissolution of a civil partnership to ensure consistency with the provisions on judicial separation and divorce.
• Amendment of provisions on cohabitants in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.