Written answers
Wednesday, 12 February 2025
Department of Justice and Equality
Domestic Violence
Robert Troy (Longford-Westmeath, Fianna Fail)
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206. To ask the Tánaiste and Minister for Justice and Equality the details of any upcoming legislation to assist those in domestic abuse situations, dealing particularly with situations where one party refuses to finalise the resolution of the former family home, by way of purchasing out the other party or agreeing to sell the property. [4916/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I have made tackling domestic violence a central priority for my Department. There is a significant amount of legislation on the statute books which might assist in dealing with the situation to which the Deputy refers.
Section 32(2) of the Domestic Violence Act 2018 provides that while the exercise of a person’s right to occupy a place is suspended by virtue of a barring order, that order shall not affect any estate or interest in that place of the person against whom the order was made or any other person.
The Family Law (Divorce) Act 1996 and the Family Law Act 1995 provide for the making by the courts of orders relating to property, including the family home, in divorce or judicial separation proceedings, and such orders can include orders for the sale of property. The question of whether such an order should be made in any particular case will be a matter for the court to decide, having considered the circumstances of the case.
Section 4 of the Family Home Protection Act 1976, allows a court, in certain circumstances, to dispense with the consent of a spouse to the sale of the family home.
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