Brendan Howlin (Wexford, Labour)

I move amendment No.36:

In page 86, between lines 29 and 30, to insert the following:

170.—It shall be the objective of the court in exercising powers under this Part, insofar as possible, to make such orders as will finally determine the financial arrangements between the parties and avoid further proceedings between them.".

This is an important addition. We had problems with divorce legislation because the balance of support for the entire concept of divorce at the time was so close. We did not have finality on the issue and it has caused some difficulties where, even after a long separation, there is a possibility of people coming back again to revisit things. I am suggesting here that we would state, as a matter of duty on the court, that in making orders and in exercising its powers under this part, in so far as it is possible, financial arrangements between the parties are final, so that there are no further legal proceedings years later.

The particular form or words I am putting forward in this amendment is based on legislation from New South Wales. There are strong and compelling reasons, in so far as the Constitution and natural justice allow, for a clean break approach to be made in financial matters in the context of cohabitation. This is spelled out in other jurisdictions, such as New South Wales. The amendment is a direction that we would give to the courts so that the intention of the Oireachtas is seen to be a clean break decision that would not be an incremental re-visitation of the financial arrangements over time.

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