The Minister for Justice and Equality, Charlie Flanagan TD, has welcomed today’s result in the referendum on divorce. The Government’s proposal to amend Articles 41.3.2 and 41.3.3 of the Constitution was approved by 82.1% of those who voted.
I would like to thank all those who supported this referendum proposal.
I am very pleased that the proposal received such widespread support from the people of Ireland. This is a very decisive result with a consistent, high level of support right across the country.
The result is testament to the compassion and fairness of Irish people in every part of the country. The primary purpose of the referendum was to reduce the emotional and financial distress experienced by couples whose marriages have sadly broken down irretrievably by allowing the Oireachtas to legislate.
Over time, it has become very clear that complex questions of social policy are best dealt with through detailed legislation in the Oireachtas. Core protections for marriage will remain in our Constitution.
The Government wants to ensure that the process for obtaining a divorce is fair, dignified and humane, and allows both parties to move forward with their lives within a reasonable timeframe. It is therefore my intention to reduce the living apart period to a minimum of two out of the preceding three years and to do so by way of ordinary legislation, which I will bring forward as soon as possible. This proposal has widespread cross-party support in the Oireachtas.
I am pleased that Article 41.3.3 has been modernised to allow the Oireachtas to ensure a consistent and fair approach to the recognition of foreign divorces granted both inside and outside the EU.
I would like to acknowledge again the work of my colleague, Minister Josepha Madigan, on her Private Members’ Bill, which started the legislative discussion around this issue.
The Minister will now move to bring forward a Bill to amend section 5 of the Family Law (Divorce) Act 1996 to reduce the minimum living apart period to two years during the previous three years. The Heads of Bill have already been published and Minister Flanagan will now work with the Attorney General to draft the Bill.