David Stanton (Cork East, Fine Gael) | Oireachtas source

I wish to thank Deputies for their engagement with the Bill and for their contributions to the debate. As Deputy Cullinane said, the people have spoken and we have all listened. Deputy Fiona O'Loughlin said the same thing and outlined the actual percentage, which was quite high.

At the heart of the Government's proposal to reform the law in this area, with the amendment to Article 41 of the Constitution approved in May and this Bill now, is a desire to ease the burden on people whose marriages have broken down. The minimum living-apart period of four years set out in section 5 of the Family Law (Divorce) Act 1996 means that couples frequently go through the process of a separation agreement or judicial separation before applying for a divorce. Deputy O'Callaghan made the point that this adds to the cost and the stress of an already sad and difficult situation. The Bill seeks to bring clarity to issues that can arise in respect of living apart where a marriage has broken down without the prospect of reconciliation and the spouses have no option but to continue living in the same house. This issue was raised by several Deputies when the constitutional amendment Bill was discussed earlier this year.

The Bill also aims to minimise any negative impact of Brexit on the recognition in Ireland of divorces, legal separations or marriage annulments obtained in the United Kingdom. We should remind ourselves that the provisions of Part 3 will only be brought into operation if the United Kingdom leaves the EU without an agreement that covers this area. We very much hope these provisions will remain uncommenced, but it is necessary and prudent at the same time to include them in the Bill.

Certain matters were raised by Deputies, especially Deputy Gino Kenny. While that matter will be discussed again on Committee Stage I wish to point out that the Government believes the proposed minimum living-apart period of two years is an appropriate period to provide for. There was broad consensus prior to the referendum on reducing the living-apart period to two years and the Government is not in favour of reducing the period further at this time.

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