Written answers
Thursday, 9 May 2024
Department of Justice and Equality
Legislative Measures
Michael Healy-Rae (Kerry, Independent)
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241. To ask the Tánaiste and Minister for Justice and Equality if she would consider reducing the amount of time required for legal separation, which currently stands at one year (details supplied); and if she will make a statement on the matter. [21092/24]
Helen McEntee (Meath East, Fine Gael)
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Section 2(1) of the Judicial Separation and Family Law Reform Act 1989, as amended, provides for a number of grounds under which a person may apply for a judicial separation. An applicant may apply under one or more of these grounds, which are:
- that the respondent to the application has committed adultery;
- that the respondent to the application has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;
- that there has been desertion by the respondent of the applicant for a continuous period of at least one year immediately preceding the date of the application;
- that the applicant and respondent spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application.
- that the marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.
While all legislation is always kept under review I have no plans at present to alter the statutory minimum time limits provided for in section 2(1) of the 1989 Act.
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