Denis Naughten (Roscommon-South Leitrim, Independent)
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To ask the Minister for Justice and Equality the plans if any he has to repeal the legislation governing judicial separations in view of the statutory provisions for divorce; and if he will make a statement on the matter. [16920/13]

Alan Shatter (Dublin South, Fine Gael)
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I have no plans to repeal the legislation governing judicial separation, that is, the Judicial Separation and Family Law Act 1989 augmented by the ancillary relief provisions in the Family Law Act 1995. Under article 41.3.2.i of the Constitution the spouses must have lived apart for four of the previous five years before divorce proceedings may be initiated. In view of the length of this period, it is essential that spouses have access to the courts if they are unable to reach satisfactory separation terms between themselves, with or without the assistance of mediation and / or legal advice. Some forms of ancillary relief on marital breakdown are also not available other than in proceedings under the Family Law Act 1995, or of course under the Family Law (Divorce) Act 1996.

In addition to these practical requirements to provide for appropriate settlement for spouses in advance of divorce, it is also important to recognise that there are spouses whose marriages have broken down irretrievably but who may not wish, for whatever reason, to divorce. Where this occurs but the spouses are not otherwise in agreement over the terms of separation, judicial separation under the 1989 Act and the ancillary relief provisions of the 1995 Act give them suitable access to the courts to resolve their disputes and make appropriate financial and other orders.