{"id":20804,"date":"2022-11-27T15:13:00","date_gmt":"2022-11-27T15:13:00","guid":{"rendered":"https:\/\/legalblog.ie\/?p=20804"},"modified":"2024-04-23T21:40:09","modified_gmt":"2024-04-23T21:40:09","slug":"divorce-grounds","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/divorce-grounds\/","title":{"rendered":"Divorce Grounds"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Former_Prohibition\" title=\"Former Prohibition\">Former Prohibition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Non-Fault_Based\" title=\"Non-Fault Based\">Non-Fault Based<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#1995_Amendment\" title=\"1995 Amendment\">1995 Amendment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#2019_Amendment\" title=\"2019 Amendment\">2019 Amendment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Separation\" title=\"Separation\">Separation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Reconciliation\" title=\"Reconciliation\">Reconciliation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Grounds_for_Divorce\" title=\"Grounds for Divorce\">Grounds for Divorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Effect_of_Decree_of_Divorce\" title=\"Effect of Decree of Divorce\">Effect of Decree of Divorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Possible_Reconciliation_or_Agreement_Applicant\" title=\"Possible Reconciliation or Agreement Applicant\">Possible Reconciliation or Agreement Applicant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Possible_Reconciliation_or_Agreement_Respondent\" title=\"Possible Reconciliation or Agreement Respondent\">Possible Reconciliation or Agreement Respondent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Adjournment_for_Reconciliation_or_Agreements\" title=\"Adjournment for Reconciliation or Agreements\">Adjournment for Reconciliation or Agreements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/#Non-Admissibility\" title=\"Non-Admissibility\">Non-Admissibility<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#FAMILY_LAW_DIVORCE_ACT_1996\" title=\"FAMILY LAW (DIVORCE) ACT 1996\">FAMILY LAW (DIVORCE) ACT 1996<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Short_title_and_commencement\" title=\"Short title and commencement.\">Short title and commencement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Grant_of_decree_of_divorce_and_custody_etc_of_children\" title=\"Grant of decree of divorce and custody etc., of children.\">Grant of decree of divorce and custody etc., of children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Safeguards_to_ensure_applicants_awareness_of_alternatives_to_divorce_proceedings_and_to_assist_attempts_at_reconciliation\" title=\"Safeguards to ensure applicant\u2019s awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.\">Safeguards to ensure applicant\u2019s awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Safeguards_to_ensure_respondents_awareness_of_alternatives_to_divorce_proceedings_and_to_assist_attempts_at_reconciliation\" title=\"Safeguards to ensure respondent\u2019s awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.\">Safeguards to ensure respondent\u2019s awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Adjournment_of_proceedings_to_assist_reconciliation_or_agreements_on_the_terms_of_the_divorce\" title=\"Adjournment of proceedings to assist reconciliation or agreements on the terms of the divorce.\">Adjournment of proceedings to assist reconciliation or agreements on the terms of the divorce.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Non-admissibility_as_evidence_of_certain_communications_relating_to_reconciliation_separation_or_divorce\" title=\"Non-admissibility as evidence of certain communications relating to reconciliation, separation or divorce.\">Non-admissibility as evidence of certain communications relating to reconciliation, separation or divorce.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Effect_of_decree_of_divorce\" title=\"Effect of decree of divorce.\">Effect of decree of divorce.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#CIVIL_REGISTRATION_ACT\" title=\"CIVIL REGISTRATION ACT\">CIVIL REGISTRATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Particulars_of_Decrees_of_Divorce_to_be_Entered_in_Register_of_Decrees_of_Divorce\" title=\"Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce\">Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/divorce-grounds\/2\/#Particulars_to_be_Entered_in_Register_of_Dissolutions\" title=\"Particulars to be Entered in Register of Dissolutions\">Particulars to be Entered in Register of Dissolutions<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Former_Prohibition\"><\/span>Former Prohibition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Irish courts did not have jurisdiction to grant a divorce until 1996. The Matrimonial Causes Act 1857, which created a possibility of judicial divorce on very narrow grounds, was never extended to Ireland.<\/p>\n<p>When the Irish Free State was formed, there existed the possibility of divorce by private Parliamentary Act. The Irish Free State Oireachtas received three private bills for divorce lodged in 1924 which were withdrawn. Attempts were made to amend Standing Orders to prevent such bills from being presented. No acts of divorce were passed by the Irish Free State Oireachtas.<\/p>\n<p>The Irish Constitution, as adopted in 1937 by the People, provided that \u201cno law shall be enacted providing for the grant of the dissolution of marriage\u201d. Jurisdiction for judicial divorce was introduced in Northern Ireland in 1939.<\/p>\n<p>In the absence of judicial divorce, the Irish courts widened the grounds upon which nullity might be granted. A declaration of nullity might be granted on the basis that the person lacks the requisite capacity to marry. It could be granted by the High Court only.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-Fault_Based\"><\/span>Non-Fault Based<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Fault-based divorce initially existed in the United Kingdom. 1969 legislation introduced grounds which are essentially non-fault in nature, focusing on marital breakdown rather than fault.<\/p>\n<p>The Divorce Reform Act 1969 marked a significant change in that people could end marriages that had &#8220;irretrievably broken down&#8221; without having to prove fault.<sup>\u00a0<\/sup>They could end marriages after separation of two years if both parties desired a divorce or five years if only one party desired a divorce.<\/p>\n<p>The Matrimonial Causes Act 1973 provided that a marriage had to have lasted for three years before a divorce could be applied for. The Matrimonial and Family Proceedings Act 1984 reduced this period to one year.<\/p>\n<p>Ultimately the legislation enacted after the 1995 divorce referendum allowed for divorce on a similar no-fault basis. There are also fault-based elements which can have a bearing on the ancillary orders that might be made.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"1995_Amendment\"><\/span>1995 Amendment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A referendum was held in 1986 seeking to allow for divorce but was rejected by an almost 2:1 majority. A second referendum held on 24 November 1995 was passed narrowly with 50.28% in favour, 49.72% against.<\/p>\n<p>The 1995 Amendment to the Constitution provided that:<\/p>\n<p><em>A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that \u2013<\/em><\/p>\n<ol>\n<li><em>at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years,<\/em><\/li>\n<li><em>there is no reasonable prospect of a reconciliation between the spouses,<\/em><\/li>\n<li><em>\u00a0such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and<\/em><\/li>\n<li><em>any further conditions prescribed by law are complied with.<\/em><\/li>\n<\/ol>\n<h3><span class=\"ez-toc-section\" id=\"2019_Amendment\"><\/span>2019 Amendment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>By a further 2019 Constitutional amendment, the first requirement was deleted. At the same time, the government published legislation effectively providing for the grant of a divorce after a separation of two years during the previous three years instead of four years during the previous five years. This provision may accordingly be changed by legislation.<\/p>\n<p>The 2019 Constitutional amendment also provided that laws made by the Oireachtas could provide for the recognition under the law of the State of the dissolution of a marriage granted under the civil law of another state.<\/p>\n<p>The Constitution, as amended in 2019, provides that:<\/p>\n<p><em>A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that \u2013<\/em><\/p>\n<ol>\n<li><em>\u00a0there is no reasonable prospect of a reconciliation between the spouses,<\/em><\/li>\n<li><em>such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and<\/em><\/li>\n<li><em>\u00a0any further conditions prescribed by law are complied with.<\/em><\/li>\n<\/ol>\n<h3><span class=\"ez-toc-section\" id=\"Separation\"><\/span>Separation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Under the Constitutional amendment allowing for divorce passed in 1995, a minimum of four years\u2019 separation out of the last five was required. This was amended by further constitutional referendum in 2019, removing the requirement for four years\u2019 separation and replacing it by legislation (not a Constitutional provision) with a requirement for separation of two out of the previous three years. The effect was that the parties might more readily proceed directly to divorce.<\/p>\n<p>Spouses are treated as living apart from each other unless they are living with each other in the same household. It is possible in some circumstances for spouses to be separated where they effectively live in separate households under the same roof. This may occur where there is no joint interaction. There may be a separation of lives. It would not suffice if this is done for commercial or health reasons. There should be an intention to live apart.<\/p>\n<p>Case law provides examples of separation where parties live apart under a single roof. The focus is on the division of households. In some cases, where the parties lived together for the sake of the children, the courts held that they were not living apart. Other cases placed less emphasis on physical separation and more on the psychological and social elements of separation. There is both an objective and subjective aspect.<\/p>\n<p>The Marriage Act 2019 provided 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. A relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reconciliation\"><\/span>Reconciliation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>For the grant of divorce, the Constitutional provision and legislation require that there are no reasonable prospects for reconciliation. The court must make this finding. It must be an objective finding. Therefore one party cannot unilaterally refuse divorce on the basis that there is a reasonable prospect of reconciliation from his or her perspective.<\/p>\n<p>In practice, refusal of divorce on this ground would be very rare. The courts have jurisdiction to adjourn proceedings if there is a possibility of reconciliation. However, this requires the consent and engagement of both parties.<\/p>\n<p>It is unlikely that the court would refuse an adjournment if both parties wished to seek reconciliation. Equally, it is unlikely that a court would force an adjournment unless one or both parties consented.<\/p>\n<p>Where there is an adjournment, all written and oral communication between the spouses and their representatives for the purpose of seeking assistance in relation to a reconciliation or an agreement and any record of the same is not admissible as evidence in later court proceedings. This is to incentivise compromise.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Grounds_for_Divorce\"><\/span>Grounds for Divorce<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where, on application to it on that behalf by either of the spouses concerned, the court is satisfied that\u2014<\/p>\n<ul>\n<li>at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to,\u00a0at least two years during the previous three years,<\/li>\n<li>there is no reasonable prospect of a reconciliation between the spouses, and<\/li>\n<li>such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any dependent members of the family,<\/li>\n<\/ul>\n<p>the court may, in the exercise of the jurisdiction conferred by Article 41.3.2\u00b0 of the Constitution, grant a decree of divorce in respect of the marriage concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Effect_of_Decree_of_Divorce\"><\/span>Effect of Decree of Divorce<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the court grants a decree of divorce, the marriage, the subject of the decree, is thereby dissolved and a party to that marriage may marry again.<\/p>\n<p>The grant of a decree of divorce shall not affect the right of the father and mother of an infant to be guardians of the infant jointly.<\/p>\n<p>There are certain types of matters which require a court order. In these cases, even where the parties agree, two separate court orders may be necessary. This is the position in respect of the dissolution of marriage itself. Orders are also often required in relation to pension adjustments.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Possible_Reconciliation_or_Agreement_Applicant\"><\/span>Possible Reconciliation or Agreement Applicant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A solicitor acting for the applicant prior to the commencement of the proceedings must:<\/p>\n<ul>\n<li>discuss with the applicant the possibility of a reconciliation and give to him or her the names and addresses of persons qualified to help to effect a reconciliation between spouses who have become estranged;<\/li>\n<li>discuss with the applicant the possibility of engaging in mediation to help to effect a separation (if the spouses are not separated) or a divorce on a basis agreed between the applicant and the other spouse; and, give to the applicant the names and addresses of persons who provide a mediation service for spouses who have become estranged and inform the applicant of certain matters in the Mediation Act 2017; and<\/li>\n<li>discuss with the applicant the possibility (where appropriate) of effecting a separation by means of a deed or agreement in writing executed or made by the applicant and the other spouse and providing for their separation.<\/li>\n<\/ul>\n<p>Such a solicitor shall also ensure that the applicant is aware of judicial separation as an alternative to divorce where a decree of judicial separation in relation to the applicant and the other spouse is not already in force.<\/p>\n<p>If a solicitor is acting for the applicant, the document by which the proceedings are commenced must be accompanied by a statutory declaration made by the solicitor indicating, if it be the case, that he or she has complied with the above obligations. If it is not so accompanied, the court may adjourn the proceedings for such period as it considers reasonable to enable the solicitor to engage in the discussions specified\u00a0 and, if appropriate, to make the applicant aware of judicial separation,<\/p>\n<p>The Minister may make regulations to allow for the establishment of a Register of Professional Organisations whose members are qualified to assist the parties involved in effecting a reconciliation, such register to show the names of members of those organisations\u00a0and procedures to be put in place for the organisations involved to regularly update the membership lists.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Possible_Reconciliation_or_Agreement_Respondent\"><\/span>Possible Reconciliation or Agreement Respondent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Equivalent obligations apply to the solicitor for the respondent (the other party, who does not commence the legal proceedings for divorce). The respondent\u2019s solicitor must:<\/p>\n<ul>\n<li>discuss with the respondent the possibility of a reconciliation and give to him or her the names and addresses of persons qualified to effect a reconciliation between spouses who have become estranged;<\/li>\n<li>discuss with the respondent the possibility of engaging in mediation to help to effect a separation (if the spouses are not separated) or a divorce on a basis agreed between the respondent and the other spouse, give to the respondent the names and addresses of persons who provide a mediation service for spouses who have become estranged and inform the respondent of certain matters referred to in the Mediation Act; and<\/li>\n<li>discuss with the respondent the possibility (where appropriate) of effecting a separation by means of a deed or agreement in writing executed or made by the applicant and the other spouse and providing for their separation.<\/li>\n<\/ul>\n<p>The solicitor shall also ensure that the respondent is aware of judicial separation as an alternative to divorce where a decree of judicial separation is not already in force in relation to the respondent and the other spouse.<\/p>\n<p>If a solicitor is acting for the respondent, the memorandum or other document delivered to the appropriate officer of the court for the purpose of the entry of an appearance by the respondent in proceedings shall be accompanied by a statutory declaration made by the solicitor in relation to the matter. If the document is not so accompanied, the court may adjourn the proceedings for such period as it considers reasonable to enable the solicitor to engage in the discussions specified and, if appropriate, to make the applicant aware of judicial separation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Adjournment_for_Reconciliation_or_Agreements\"><\/span>Adjournment for Reconciliation or Agreements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an application is made to the court for the grant of a decree of divorce, the court shall give consideration to the possibility of a reconciliation between the spouses concerned. Accordingly, it may adjourn the proceedings at any time for the purpose of enabling attempts to be made by the spouses, if they both so wish, to effect such a reconciliation with or without the assistance of a third party.<\/p>\n<p>Where in such proceedings it appears to the court that a reconciliation between the spouses cannot be effected, it may adjourn or further adjourn the proceedings for the purpose of enabling attempts to be made by the spouses, if they both so wish, to reach an agreement, with or without the assistance of a third party, on some or all of the terms of the proposed divorce.<\/p>\n<p>If proceedings are adjourned, either or both of the spouses may at any time request that the hearing of the proceedings be resumed as soon as may be. If such a request is made, the court shall, subject to any other power of the court to adjourn proceedings, resume the hearing.<\/p>\n<p>Where the court adjourns proceedings under this section, it may, at its discretion, advise the spouses concerned to seek the assistance of a third party in relation to the effecting of a reconciliation between the spouses or the reaching of an agreement between them on some or all of the terms of the proposed divorce.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-Admissibility\"><\/span>Non-Admissibility<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An oral or written communication between either of the spouses concerned and a third party for the purpose of seeking assistance to effect a reconciliation or to reach an agreement between them on some or all of the terms of a separation or a divorce (whether or not made in the presence or with the knowledge of the other spouse), and any record of such a communication, made or caused to be made by either of the spouses concerned or such a third party, shall not be admissible as evidence in any court.<\/p>\n<p>&nbsp;<\/p>\n<p><!--nextpage--><\/p>\n<h2>FAMILY LAW (DIVORCE) ACT 1996<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 August 2022<\/p>\n<p>AN ACT TO MAKE PROVISION FOR THE EXERCISE BY THE COURTS OF THE JURISDICTION CONFERRED BY THE CONSTITUTION TO GRANT DECREES OF DIVORCE, TO ENABLE THE COURTS TO MAKE CERTAIN PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR DIVORCE, TO PROVIDE, AS RESPECTS TRANSFERS OF PROPERTY OF DIVORCED SPOUSES, FOR THEIR EXEMPTION FROM, OR FOR THE ABATEMENT OF, CERTAIN TAXES (INCLUDING STAMP DUTY) AND TO PROVIDE FOR RELATED MATTERS. [27th November, 1996]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nBasis of calculation of period of living apart for purposes of Act in relation to certain foreign marriages provided (16.11.2015) by Marriage Act 2015 (35\/2015), s. 12(5), S.I. No. 504 of 2015.<\/p>\n<p>Recognition of certain foreign marriages<\/p>\n<p>12. &#8230;<\/p>\n<p>(5) Where the marriage under the law of a place other than the State of two persons of the same sex is recognised and the two persons concerned live apart from one another, the period or periods during which they live apart from one another shall, for the purposes of the Judicial Separation and Family Law Reform Act 1989, the Family Law (Divorce) Act 1996, or any other enactment, be calculated from the date (notwithstanding that it occurs before the date, under subsection (2), that the marriage falls to be recognised) on which they begin to live apart.<\/p>\n<p>&#8230;<\/p>\n<p>C2<br \/>\nFunctions transferred and references to \u201cDepartment of Equality and Law Reform\u201d and \u201cMinister for Equality and Law Reform\u201d construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).<\/p>\n<p>3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.<\/p>\n<p>(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.<\/p>\n<p>4. (1) The functions vested in the Minister for Equality and Law Reform<\/p>\n<p>( a ) by or under any of the Acts mentioned in the Schedule to this Order, and<\/p>\n<p>( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).<\/p>\n<p>are hereby transferred to the Minister for Justice.<\/p>\n<p>(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.<\/p>\n<p>&#8230;<\/p>\n<p>Family Law (Divorce) Act 1996 (No. 33 of 1996)<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nProceedings under Act included in definition of family law proceedings (1.01.2018) by Mediation Act 2017 (27\/2017), s. 2(1), S.I. No. 591 of 2017.<\/p>\n<p>E2<br \/>\nRights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 117(4)(a), S.I. No. 356 of 2009.<\/p>\n<p>E3<br \/>\nCentral Authority authorised to act on behalf of a maintenance creditor under Act by Maintenance Act 1994 (28\/1994), s. 4(2)(a), as substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52\/1998), s. 22(2), S.I. No. 353 of 1999, and subsequently substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7\/2012), s. 2(1)(b), commenced on enactment.<\/p>\n<p>E4<br \/>\nExemption from deduction of income tax for payments made pursuant to an order under Act (other than under s. 17) provided (from year 1997-1998) by Taxes Consolidation Act 1997 (39\/1997), s. 1027, commenced as per s. 1097.<\/p>\n<p>PART I<\/p>\n<p>Preliminary and General<\/p>\n<h4>Short title and commencement.<\/h4>\n<p>1.\u2014(1) This Act may be cited as the Family Law (Divorce) Act, 1996.<\/p>\n<p>(2) This Act shall come into operation on the day that is 3 months after the date of its passing.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act, save where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1964\u201d means the Guardianship of Infants Act, 1964;<\/p>\n<p>\u201cthe Act of 1965\u201d means the Succession Act, 1965;<\/p>\n<p>\u201cthe Act of 1976\u201d means the Family Law (Maintenance of Spouses and Children) Act, 1976;<\/p>\n<p>\u201cthe Act of 1989\u201d means the Judicial Separation and Family Law Reform Act, 1989;<\/p>\n<p>\u201cthe Act of 1995\u201d means the Family Law Act, 1995;<\/p>\n<p>F1[\u2026]<\/p>\n<p>F2[&#8220;Act of 2018&#8221; means the Domestic Violence Act 2018;]<\/p>\n<p>F3[&#8220;civil partnership&#8221; has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]<\/p>\n<p>\u201cconveyance\u201d includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property otherwise than by a will or a donatio mortis causa and also includes an enforceable agreement (whether conditional or unconditional) to make any such disposition;<\/p>\n<p>\u201cthe court\u201d shall be construed in accordance with section 38;<\/p>\n<p>\u201cdecree of divorce\u201d means a decree under section 5;<\/p>\n<p>\u201cdecree of judicial separation\u201d means a decree under section 3 of the Act of 1989;<\/p>\n<p>\u201cdecree of nullity\u201d means a decree granted by a court declaring a marriage to be null and void;<\/p>\n<p>\u201cdependent member of the family\u201d, in relation to a spouse, or the spouses, concerned, means any child\u2014<\/p>\n<p>(a) of both spouses or adopted by both spouses under the Adoption Acts, 1952 to 1991, or in relation to whom both spouses are in loco parentis, or<\/p>\n<p>(b) of either spouse or adopted by either spouse under those Acts, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he or she is not the parent of the child, has treated the child as a member of the family,<\/p>\n<p>who is under the age of 18 years or if the child has attained that age\u2014<\/p>\n<p>(i) is or will be or, if an order were made under this Act providing for periodical payments for the benefit of the child or for the provision of a lump sum for the child, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or<\/p>\n<p>(ii) has a mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully;<\/p>\n<p>\u201cfamily home\u201d has the meaning assigned to it by section 2 of the Family Home Protection Act, 1976, with the modification that the references to a spouse in that section shall be construed as references to a spouse within the meaning of this Act;<\/p>\n<p>\u201cfinancial compensation order\u201d has the meaning assigned to it by section 16;<\/p>\n<p>\u201cLand Registry\u201d and \u201cRegistry of Deeds\u201d have the meanings assigned to them by the Registration of Title Act, 1964;<\/p>\n<p>\u201clump sum order\u201d means an order under section 13 (1) (c);<\/p>\n<p>\u201cmaintenance pending suit order\u201d means an order under section 12;<\/p>\n<p>\u201cmember\u201d, in relation to a pension scheme, means any person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;<\/p>\n<p>\u201cpension adjustment order\u201d means an order under section 17;<\/p>\n<p>\u201cpension scheme\u201d means\u2014<\/p>\n<p>(a) an occupational pension scheme (within the meaning of the Pensions Act, 1990), or<\/p>\n<p>(b) (i) an annuity contract approved by the Revenue Commissioners under section 235 of the Income Tax Act, 1967, or a contract so approved under section 235A of that Act,<\/p>\n<p>(ii) a trust scheme, or part of a trust scheme, so approved under subsection (4) of the said section 235 or subsection (5) of the said section 235A, or<\/p>\n<p>(iii) a policy or contract of assurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972,<\/p>\n<p>or<\/p>\n<p>F4[(bb) a PRSA contract within the meaning of Part X of the Pensions Act, 1990, or]<\/p>\n<p>(c) any other scheme or arrangement (including a personal pension plan and a scheme or arrangement established by or pursuant to statute or instrument made under statute other than under the Social Welfare Acts) that provides or is intended to provide either or both of the following, that is to say:<\/p>\n<p>(i) benefits for a person who is a member of the scheme or arrangement (\u201cthe member\u201d) upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving, or upon the ceasing of, the relevant employment,<\/p>\n<p>(ii) benefits for the widow, widower or dependants of the member, or for any other persons, on the death of the member;<\/p>\n<p>\u201cperiodical payments order\u201d and \u201csecured periodical payments order\u201d have the meanings assigned to them by section 13;<\/p>\n<p>\u201cproperty adjustment order\u201d has the meaning assigned to it by section 14;<\/p>\n<p>F3[&#8220;registration&#8221;, with respect to a civil partnership, includes entering into a relationship of a class of legal relationships that is the subject of an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]<\/p>\n<p>\u201ctrustees\u201d, in relation to a scheme that is established under a trust, means the trustees of the scheme and, in relation to a pension scheme not so established, means the persons who administer the scheme.<\/p>\n<p>(2) In this Act, where the context so requires\u2014<\/p>\n<p>(a) a reference to a marriage includes a reference to a marriage that has been dissolved under this Act,<\/p>\n<p>(b) a reference to a remarriage includes a reference to a marriage that takes place after a marriage that has been dissolved under this Act,<\/p>\n<p>(c) a reference to a spouse includes a reference to a person who is a party to a marriage that has been dissolved under this Act,<\/p>\n<p>(d) a reference to a family includes a reference to a family as respects which the marriage of the spouses concerned has been dissolved under this Act,<\/p>\n<p>(e) a reference to an application to a court by a person on behalf of a dependent member of the family includes a reference to such an application by such a member and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent member of the family includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a member,<\/p>\n<p>and cognate words shall be construed accordingly.<\/p>\n<p>(3) In this Act\u2014<\/p>\n<p>(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,<\/p>\n<p>(b) a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other enactment is intended,<\/p>\n<p>(c) a reference to a subsection, paragraph, subparagraph or clause is a reference to the subsection, paragraph, subparagraph or clause of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nDeleted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 47(a)(i), S.I. No. 532 of 2018.<\/p>\n<p>F2<br \/>\nInserted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 47(a)(ii), S.I. No. 532 of 2018.<\/p>\n<p>F3<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 150, S.I. No. 648 of 2010.<\/p>\n<p>F4<br \/>\nInserted (7.11.2002) by Pensions (Amendment) Act 2002 (18\/2002), s. 57(2), S.I. No. 502 of 2002.<\/p>\n<p>Repeal.<\/p>\n<p>3.\u2014Section 14 (2) of the Censorship of Publications Act, 1929, is hereby repealed.<\/p>\n<p>Expenses.<\/p>\n<p>4.\u2014The expenses incurred by the Minister for Equality and Law Reform, the Minister for Health or the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>PART II<\/p>\n<p>The Obtaining of a Decree of Divorce<\/p>\n<h4>Grant of decree of divorce and custody etc., of children.<\/h4>\n<p>5.\u2014(1) Subject to the provisions of this Act, where, on application to it in that behalf by either of the spouses concerned, the court is satisfied that\u2014<\/p>\n<p>(a) at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, F5[at least two years during the previous three years],<\/p>\n<p>(b) there is no reasonable prospect of a reconciliation between the spouses, and<\/p>\n<p>(c) such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any dependent members of the family,<\/p>\n<p>the court may, in exercise of the jurisdiction conferred by Article 41.3.2\u00b0 of the Constitution, grant a decree of divorce in respect of the marriage concerned.<\/p>\n<p>F6[(1A) For the purposes of this section\u2014<\/p>\n<p>(a) 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, and<\/p>\n<p>(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.]<\/p>\n<p>(2) Upon the grant of a decree of divorce, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the welfare (within the meaning of that Act), custody of, or right of access to, any dependent member of the family concerned who is an infant (within the meaning of that Act) as if an application had been made to it in that behalf under that section.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nSubstituted (1.12.2019) by Family Law Act 2019 (37\/2019), s. 3(1)(a), S.I. No. 585 of 2019, subject to transitional provision in subs. (2).<\/p>\n<p>F6<br \/>\nInserted (1.12.2019) by Family Law Act 2019 (37\/2019), s. 3(1)(b), S.I. No. 585 of 2019, subject to transitional provision in subs. (2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower granted to Court, in proceedings relating to subs. (2), to direct the HSE to undertake an investigation of a child\u2019s circumstances by Child Care Act 1991 (17\/1991), s. 20(1), as substituted (9.01.1998) by Children Act 1997 (40\/1997), s. 17, commenced as per s. 1(2), and as amended (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6, S.I. No. 887 of 2004.<\/p>\n<h4>Safeguards to ensure applicant\u2019s awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.<\/h4>\n<p>6.\u2014(1) In this section \u201cthe applicant\u201d means a person who has applied, is applying or proposes to apply to the court for the grant of a decree of divorce.<\/p>\n<p>(2) If a solicitor is acting for the applicant, the solicitor shall, prior to the institution of the proceedings concerned under section 5\u2014<\/p>\n<p>(a) discuss with the applicant the possibility of a reconciliation and give to him or her the names and addresses of persons qualified to help to effect a reconciliation between spouses who have become estranged,<\/p>\n<p>(b) discuss with the applicant the possibility of engaging in mediation to help to effect a separation (if the spouses are not separated) or a divorce on a basis agreed between the applicant and the other spouse F7[, give to the applicant the names and addresses of persons who provide a mediation service for spouses who have become estranged and inform the applicant of the matters referred to in sections 10 and 11 of the Mediation Act 2017], and<\/p>\n<p>(c) discuss with the applicant the possibility (where appropriate) of effecting a separation by means of a deed or agreement in writing executed or made by the applicant and the other spouse and providing for their separation.<\/p>\n<p>(3) Such a solicitor shall also ensure that the applicant is aware of judicial separation as an alternative to divorce where a decree of judicial separation in relation to the applicant and the other spouse is not in force.<\/p>\n<p>(4) If a solicitor is acting for the applicant\u2014<\/p>\n<p>(a) the originating document by which the proceedings under section 5 are instituted shall be accompanied by a F7[statutory declaration made by the solicitor] indicating, if it be the case, that he or she has complied with subsection (2) and, if appropriate, subsection (3) in relation to the matter and, if the document is not so accompanied, the court may adjourn the proceedings for such period as it considers reasonable to enable the solicitor to engage in the discussions specified in subsection (2), and, if appropriate, to make the applicant aware of judicial separation,<\/p>\n<p>(b) if the solicitor has complied with paragraph (a), any copy of the originating document aforesaid served on any person or left in an office of the court shall be accompanied by a copy of the F7[statutory declaration] aforesaid.<\/p>\n<p>(5) F8[\u2026]<\/p>\n<p>(6) The Minister may make regulations to allow for the establishment of a Register of Professional Organisations whose members are qualified to assist the parties involved in effecting a reconciliation, such register to show the names of members of those organisations and procedures to be put in place for the organisations involved to regularly update the membership lists.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\nSubstituted (1.01.2018) by Mediation Act 2017 (27\/2017), s. 26(a)(i)-(iii), S.I. No. 591 of 2017.<\/p>\n<p>F8<br \/>\nDeleted (1.01.2018) by Mediation Act 2017 (27\/2017), s. 26(a)(iv), S.I. No. 591 of 2017.<\/p>\n<h4>Safeguards to ensure respondent\u2019s awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.<\/h4>\n<p>7.\u2014(1) In this section \u201cthe respondent\u201d means a person who is the respondent in proceedings in the court under section 5.<\/p>\n<p>(2) If a solicitor is acting for the respondent, the solicitor shall, as soon as may be after receiving instructions from the respondent in relation to the proceedings concerned under section 5\u2014<\/p>\n<p>(a) discuss with the respondent the possibility of a reconciliation and give to him or her the names and addresses of persons qualified to effect a reconciliation between spouses who have become estranged,<\/p>\n<p>(b) discuss with the respondent the possibility of engaging in mediation to help to effect a separation (if the spouses are not separated) or a divorce on a basis agreed between the respondent and the other spouse F9[, give to the respondent the names and addresses of persons who provide a mediation service for spouses who have become estranged and inform the respondent of the matters referred to in sections 10 and 11 of the Mediation Act 2017], and<\/p>\n<p>(c) discuss with the respondent the possibility (where appropriate) of effecting a separation by means of a deed or agreement in writing executed or made by the applicant and the other spouse and providing for their separation.<\/p>\n<p>(3) Such a solicitor shall also ensure that the respondent is aware of judicial separation as an alternative to divorce where a decree of judicial separation is not in force in relation to the respondent and the other spouse.<\/p>\n<p>(4) If a solicitor is acting for the respondent\u2014<\/p>\n<p>(a) the memorandum or other document delivered to the appropriate officer of the court for the purpose of the entry of an appearance by the respondent in proceedings under section 5 shall be accompanied by a F9[statutory declaration made by the solicitor] in relation to the matter and, if the document is not so accompanied, the court may adjourn the proceedings for such period as it considers reasonable to enable the solicitor to engage in the discussions specified in subsection (2) and, if appropriate, to make the applicant aware of judicial separation,<\/p>\n<p>(b) if paragraph (a) is complied with, any copy of the document aforesaid given or sent to the other party to the proceedings or his or her solicitor shall be accompanied by a copy of the relevant F9[statutory declaration] aforesaid.<\/p>\n<p>(5) F10[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nSubstituted (1.01.2018) by Mediation Act 2017 (27\/2017), s. 26(b)(i)-(iii), S.I. No. 591 of 2017.<\/p>\n<p>F10<br \/>\nDeleted (1.01.2018) by Mediation Act 2017 (27\/2017), s. 26(b)(iv), S.I. No. 591 of 2018.<\/p>\n<h4>Adjournment of proceedings to assist reconciliation or agreements on the terms of the divorce.<\/h4>\n<p>8.\u2014(1) Where an application is made to the court for the grant of a decree of divorce, the court shall give consideration to the possibility of a reconciliation between the spouses concerned and, accordingly, may adjourn the proceedings at any time for the purpose of enabling attempts to be made by the spouses, if they both so wish, to effect such a reconciliation with or without the assistance of a third party.<\/p>\n<p>(2) Where, in proceedings under section 5, it appears to the court that a reconciliation between the spouses cannot be effected, it may adjourn or further adjourn the proceedings for the purpose of enabling attempts to be made by the spouses, if they both so wish, to reach agreement, with or without the assistance of a third party, on some or all of the terms of the proposed divorce.<\/p>\n<p>(3) If proceedings are adjourned pursuant to subsection (1) or (2), either or both of the spouses may at any time request that the hearing of the proceedings be resumed as soon as may be and, if such a request is made, the court shall, subject to any other power of the court to adjourn proceedings, resume the hearing.<\/p>\n<p>(4) The powers conferred by this section are additional to any other power of the court to adjourn proceedings.<\/p>\n<p>(5) Where the court adjourns proceedings under this section, it may, at its discretion, advise the spouses concerned to seek the assistance of a third party in relation to the effecting of a reconciliation between the spouses or the reaching of agreement between them on some or all of the terms of the proposed divorce.<\/p>\n<h4>Non-admissibility as evidence of certain communications relating to reconciliation, separation or divorce.<\/h4>\n<p>9.\u2014An oral or written communication between either of the spouses concerned and a third party for the purpose of seeking assistance to effect a reconciliation or to reach agreement between them on some or all of the terms of a separation or a divorce (whether or not made in the presence or with the knowledge of the other spouse), and any record of such a communication, made or caused to be made by either of the spouses concerned or such a third party, shall not be admissible as evidence in any court.<\/p>\n<h4>Effect of decree of divorce.<\/h4>\n<p>10.\u2014(1) Where the court grants a decree of divorce, the marriage, the subject of the decree, is thereby dissolved and a party to that marriage may marry again.<\/p>\n<p>(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of divorce shall not affect the right of the father and mother of an infant, under section 6 of the Act of 1964, to be guardians of the infant jointly.<\/p>\n<p>&nbsp;<\/p>\n<h2>CIVIL REGISTRATION ACT<\/h2>\n<p>Sch. 1, Part 6<br \/>\nPART 6<\/p>\n<h4>Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce<\/h4>\n<p>Section 59.<\/p>\n<p>Court by which the decree was granted.<\/p>\n<p>Year and record number of the proceedings.<\/p>\n<p>Forenames, surnames and birth surnames of the parties to the proceedings.<\/p>\n<p>Personal public service numbers of the parties to the proceedings.<\/p>\n<p>Date and place of marriage.<\/p>\n<p>Date of the decree.<\/p>\n<p>Date of registration.<\/p>\n<p>Forename(s) and surname of officer of Courts Service specified in section 59(1).<\/p>\n<p>Sch. 1, Part 6A<br \/>\nF295[PART 6A<\/p>\n<h4>Particulars to be Entered in Register of Dissolutions<\/h4>\n<p>Section 59J.<\/p>\n<p>Court by which the decree was granted.<\/p>\n<p>Year and record number of the proceedings.<\/p>\n<p>Forenames, surnames and birth surnames of the parties to the proceedings.<\/p>\n<p>Personal public service numbers of the parties to the proceedings.<\/p>\n<p>Date and place of civil partnership registration.<\/p>\n<p>Date of the decree.<\/p>\n<p>Date of registration of the decree.<\/p>\n<p>Forenames and surname of officer of Courts Service.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F295<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 25(c), S.I. 648 of 2010.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-20804\" data-postid=\"20804\" class=\"themify_builder_content themify_builder_content-20804 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Former Prohibition The Irish courts did not have jurisdiction to grant a divorce until 1996. The Matrimonial Causes Act 1857, which created a possibility of judicial divorce on very narrow grounds, was never extended to Ireland. When the Irish Free State was formed, there existed the possibility of divorce by private Parliamentary Act. The Irish [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[102],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20804"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=20804"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20804\/revisions"}],"predecessor-version":[{"id":35629,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/20804\/revisions\/35629"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=20804"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=20804"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=20804"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}