Gerry Adams (Louth, Sinn Fein)
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Question 77: To ask the Minister for Justice and Equality if he intends to amend the Family Law (Divorce) Act 1996 to introduce unilateral no-fault divorce; and if he will make a statement on the matter. [13851/12]

Alan Shatter (Dublin South, Fine Gael)
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As the law stands, fault is not ascribed to either spouse in divorce proceedings.

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.

These are the conditions prescribed in Article 41.3.2 of the Constitution.