Dáil debates

Wednesday, 3 April 2019

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Colscaradh) 2016: An Tuarascáil agus an Chéim Dheiridh [Comhaltaí Príobháideacha] - Thirty-fifth Amendment of the Constitution (Divorce) Bill 2016: Report and Final Stages [Private Members]

 

5:10 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

Sinn Féin supports the Bill and will not oppose any of the amendments. I wish to address the point raised by Deputy Donnelly which I also intended to raise. I am sure all Members are aware of marriages which, unfortunately, have broken down with no prospect of reconciliation, but for financial reasons the couple are unable to live apart. I do not know if that can be addressed in the Bill or the legislation which will follow the referendum, but it needs to be discussed at some stage because, unfortunately, many estranged couples are living under the same roof. Some such people may have moved on to new relationships but remain living with their spouse for financial reasons. I cannot quantify the numbers involved, but I personally know people in that situation. We must give consideration to whether such situations can be addressed in the legislation. I do not know if that would be possible, given that the Constitution would be changed and we must be very clear about what is being proposed and the resultant legislation would have to reflect that. It is an issue which we should consider. If the Government can reach a solution on this issue, it would be worthwhile.

An issue I was asked to raise by Deputy Ó Laoghaire, who, unfortunately, cannot be present as he has returned to Cork for a funeral, is that of how contested and uncontested divorces will be addressed. My view is that the proposals in the Bill would make no difference in that regard because a couple would live apart for two years of the previous three and if it was a contested divorce, it would be a matter for the courts to rule on. I do not think the issue has any bearing on this debate, but I raise it as I was asked to so do. People are entitled to contest requests for a divorce through the courts and I presume that is where they would be contested.

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