Family law act, 1981

Act Number22
Enactment Date23 June 1981


Number 22 of 1981


FAMILY LAW ACT, 1981


ARRANGEMENT OF SECTIONS

Section

1.

Abolition of actions for criminal conversation, enticement and harbouring of spouse.

2.

Engagements to marry not enforceable at law.

3.

Gifts to engaged couples by other persons.

4.

Gifts between engaged couples.

5.

Property of engaged couples.

6.

Application to the court in case of substantial benefit to a party to a broken engagement.

7.

Application to the court in case of substantial expenditure incurred by or on behalf of a party to a broken engagement.

8.

Jurisdiction (sections 6 and 7).

9.

Limitation period for proceedings under this Act.

10.

Consent by minor spouse to disposal of family home, etc.

11.

Short title.


Acts Referred to

Married Women's Status Act, 1957

1957, No. 5

Courts (Supplemental Provisions) Act, 1961

1961, No. 39

Family Home Protection Act, 1976

1976, No. 27


Number 22 of 1981


FAMILY LAW ACT, 1981


AN ACT TO ABOLISH ACTIONS FOR CRIMINAL CONVERSATION, ENTICEMENT AND HARBOURING OF A SPOUSE AND BREACH OF PROMISE OF MARRIAGE, TO MAKE PROVISION IN RELATION TO THE PROPERTY OF, AND GIFTS TO AND BETWEEN, PERSONS WHO HAVE BEEN ENGAGED TO BE MARRIED AND IN RELATION TO THE VALIDITY OF THE CONSENT OF A MINOR SPOUSE FOR THE PURPOSES OF THE FAMILY HOME PROTECTION ACT, 1976 , AND TO PROVIDE FOR RELATED MATTERS. [23rd June, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Abolition of actions for criminal conversation, enticement and harbouring of spouse.

1.—(1) After the passing of this Act, no action shall lie for criminal conversation, for inducing a spouse to leave or remain apart from the other spouse or for harbouring a spouse.

(2) Subsection (1) shall not have effect in relation to any action that has been commenced before the passing of this Act.

Engagements to marry not enforceable at law.

2.—(1) An agreement between two persons to marry one another, whether entered into before or after the passing of this Act, shall not under the law of the State have effect as a contract and no action shall be brought in the State for breach of such an agreement, whatever the law applicable to the agreement.

(2) Subsection (1) shall not have effect in relation to any action that has been commenced before the passing of this Act.

Gifts to engaged couples by other persons.

3.—Where two persons have agreed to marry one another and any property is given as a wedding gift to either or both of them by any other person, it shall be presumed, in the absence of evidence to the contrary, that the property so given was given—

(a) to both of them as joint owners, and

(b) subject to the condition that it should be returned at the request of the donor or his personal representative if the marriage for whatever reason does not take place.

Gifts between engaged couples.

4.—Where a party to an agreement to marry makes a gift of property (including an engagement ring) to the other party, it shall be presumed, in the absence of evidence to the contrary, that the gift—

(a) was given subject to the condition that it should be returned at the request of the donor or his personal representative if the marriage does not take place for any reason other than the death of the donor, or

(b) was given unconditionally, if the marriage does not take place on account of the death of the donor.

Property of engaged couples.

5.—(1) Where an agreement to marry is terminated, the rules of law relating to the rights of spouses in relation to property in which either or both of them has or have a beneficial interest shall apply in relation to any property in which either or both of the parties to the agreement had a beneficial...

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