Fiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

I thank Deputy O'Callaghan. I am pleased to welcome and support this Bill. On 24 May this year, the referendum, for which I was director of elections for the Fianna Fáil Party, proposed to amend the constitutional provisions on divorce and this was approved by a huge majority, with 82.1% of people in favour and 17.9% against. A very strong message was given to the Government and the Oireachtas by the people of Ireland on the support of the amendment.

As we know, this Bill is designed to implement the results of the referendum by amending several items of legislation to reflect the reduction in time that spouses will need to live apart before they can seek a divorce from four to two years. It is important to say that the referendum result reflected an understanding of the severe burden, both financially and emotionally, that the four-year rule placed on separating couples. In the past, people have been left in legal limbo, with many couples obtaining judicial separations as a precursor to divorce to obtain some type of legal clarity on matters relating to property ownership, pensions etc. in the interim. This of course increases legal costs and practitioners have attested that prolonged litigation often increases hostilities and makes it more difficult for both people involved, as well as for any children resulting from the marriage. It is important that the Bill also includes provisions to allow the recognition of divorces, legal separation and marriage annulments granted in the United Kingdom or Gibraltar in the event of a no-deal Brexit.

This Bill clarifies the definition of a couple living apart to include scenarios where the spouses may be living in the same dwelling but not as a couple in an intimate or committed relationship, which is really important. As my colleague, Deputy O'Callaghan, has noted, in the current housing crisis Members know many people who are technically separated but who, because of financial pressures, cannot afford to leave a house. It is important to recognise this and case law reflects this to be the position adopted by courts on the matter of living apart. The clarity in legislation is very welcome.

Reducing the living apart period will enable couples whose marriages have broken down with no reasonable prospect of reconciliation to regularise their affairs sooner. It is always a tragedy when marriages break down and children must be considered in all this.

A shorter living-apart period will have the potential, as I said, to reduce the legal costs involved, as couples would be less likely to have need to apply for judicial separation or to have to make a formal separation agreement while waiting to become eligible to apply for a divorce. This legislation is certainly welcome. As my colleague has said, there are some things to be teased out but, in general, this is a Bill that we can and will support and we recommend it to the House.

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