Wording for Divorce Referendum announced by Government:
The Government have announced that the provision that separating parties must be living separate and apart for 4 years during the previous 5 years in order to qualify for a divorce is to be removed from the constitution.
Instead the Government intend to pass legislation which will reduce the “living apart” requirement from 4 years to 2 years.
Furthermore, it is proposed that the wording in the constitution in article 41.3 which deals with the recognition of foreign divorces is also to be removed and it is to be replaced by wording which will state that provision “may be made by law for the recognition under the law of the state of a dissolution of marriage granted under the civil law of another state” i.e. the government intends to deal with the recognition of foreign divorces by way of legislation rather than it being dealt with in the constitution.
The provision in the constitution which require there to be no prospect of reconciliation and that the Court must make proper provision for the spouse and the children in relation to Divorce cases will remain in the constitution.
The divorce referendum is due to take place on the same day as the local and European elections on the 24th of May.
This proposed change by the Government is long overdue and allows couples ,who for various reasons, can no longer stay together as a married couple move on with their lives.
If you require any information or advice in relation to any family law matter please do not hesitate to contact Brendan Dillon on 01-2960666.