Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 87:

In page 64, to delete lines 33 to 40.

This amendment relates to section 77(a), (b) and (c). It concerns the Family Law (Maintenance of Spouses and Children) Act 1976 and would amend it in a number of different respects, but would permit a District Court to make a separation agreement as a rule of court. Paragraph (c) confers jurisdiction on the District Court to make pension preservation orders in separation agreements. As with judicial separation and separation agreements, their enforcement can require consideration of very complex and lengthy financial and property issues. A separation agreement is a contract and is enforceable as such. Where a party is seeking to have such an agreement made a rule of court, it may be a harbinger of enforcement proceedings, which can be protracted and require a number of court appearances. Again, in the normal course, such matters would not come before the District Court for the very reason that they bring with them complexities and lengthy proceedings. The consequence of a District Court ruling on a separation agreement would be that the District Court would then also be the venue for enforcing that agreement where it breaks down or there is a breach of it, allegedly, by one side or the other. I again raise the issue that the District Court may not be the most appropriate forum, both for dealing with those matters that are lengthy and complex and those that are going to require future enforcement, which would normally be done by a higher court.