Seanad debates

Thursday, 11 April 2019

An Bille um an Ochtú Leasú is Tríocha ar an mBunreacht (Scaoileadh ar Phósadh) 2016: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Bill 2016: Committee and Remaining Stages

 

10:30 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

The importance of having this discussion is to ensure the previous case law carries through after the referendum so there would not be undue stress or delay caused by the reconciliation provision as a result of removing the time limit from the Constitution. Will we begin to interpret the Constitution differently? Will there be scope to set out guidance, which the Judiciary can take on board or not, whereby previous case law would still be the normal way forward in terms of the dissolution of marriage?

In 1986, I was two years old and I am glad to say I do not remember the referendum. I am sure my parents remember it, and if it had passed at the time, perhaps my family and I would not have had to go to court to change our names to our father's name and he would have been able to get a divorce and marry my mother. That is my great regret from 1986. If the referendum had passed, I would not have had to ask for his name to be carried on in mine by changing it through the courts. I want to put that on the record.

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