Minister Flanagan announces passage of Family Law Bill 2019

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

Minister Flanagan announces passage of Family Law Bill 2019

Minister Charlie Flanagan has 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 to amend articles 41.3.2 and 41.3.3 of the Constitution.

This 38th 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

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 time frame.

"The people voted for reform. The passing of the Family Law Bill today delivers that reform.”

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