Charles Flanagan (Laois, Fine Gael) | Oireachtas source

A presumption of death order should be conclusive insofar as the end of a marriage or civil partnership is concerned. These amendments deal with the issue of marriage. Following discussions with the Office of the Attorney General, I am proposing in amendment No. 46 that either party can apply to the High Court for a rather novel form of declaration which, if granted, would have the effect of treating the marriage or partnership with a formerly missing person as one where a decree of divorce or a decree of dissolution had been granted. This would not have the effect of reviving the marriage or partnership nor would it impact upon the status of any new marriage or partnership where relevant. However, the provision would allow the parties to plug into existing family law arrangements such as maintenance or access. I am advised that a provision of this nature would make a constitutional challenge less likely than the absolutist approach of simply bringing the marriage or partnership to an end. I ask Senators to accept that amendment.