Written answers

Thursday, 14 January 2016

Department of Justice and Equality

Divorce Process

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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180. To ask the Minister for Justice and Equality if the four-year clause relating to divorce proceedings will be reviewed; if it requires constitutional or legislative change; the reason for the delay; and if she will make a statement on the matter. [1671/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Fifteenth Amendment of the Constitution Act, approved by the people in 1995, set out the constitutional basis for the grant of a dissolution of a marriage. Under Article 41.3.2 of the constitution, a court may grant a dissolution of marriage "where, but only where, it is satisfied that - i. at the date of institution of proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years, ii. there is no reasonable prospect of a reconciliation between the spouses, iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and iv. any further conditions prescribed by law are complied with."

Accordingly, a reduction of the time period to obtain a divorce would require a constitutional change, and ultimately this is a matter for the People. I have indicated that this is an issue that deserves to be reviewed.

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