Written answers

Wednesday, 22 February 2012

Department of Justice, Equality and Defence

Courts Service

8:00 pm

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 199: To ask the Minister for Justice and Equality in relation to divorce, if he will confirm or state otherwise that we do not have an unilateral no fault divorce, that is, a person cannot be divorced against their will in Ireland. [10067/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The law on divorce is set out in the Family Law (Divorce) Act 1996. Section 5 of the Act prescribes the conditions under which a court may grant a divorce. Those conditions are that the court must be satisfied that, at the date of the institution of the proceedings, the spouses have lived separately for an aggregate of four years out of the previous five, there must be no reasonable prospect of reconciliation, and proper provision must be made for each of the spouses and any dependent member of the family. The Courts decide each case on its individual merits and will take into account representations made on behalf of either party.

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