Family Law Act 1995

Enactment Date02 October 1995
Act Number26


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 1 August 2022


This Revised Act is an administrative consolidation of the Family Law Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), made 31 July 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 1 August 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Domestic Violence Act 2018 (6/2018)

Mediation Act 2017 (27/2017)

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Finance (No. 3) Act 2011 (18/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Adoption Act 2010 (21/2010)

Fines Act 2010 (8/2010)

Land and Conveyancing Law Reform Act 2009 (27/2009)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Social Welfare and Pensions Act 2008 (2/2008)

Finance Act 2006 (6/2006)

Health Act 2004 (42/2004)

Civil Liability and Courts Act 2004 (31/2004)

Civil Registration Act 2004 (3/2004)

Capital Acquisitions Tax Consolidation Act 2003 (1/2003)

Pensions (Amendment) Act 2002 (18/2002)

Courts and Courts Officers Act 2002 (15/2002)

Finance Act 2000 (3/2000)

Stamp Duties Consolidation Act 1999 (31/1999)

Taxes Consolidation Act 1997 (39/1997)

Finance Act 1997 (22/1997)

Family Law (Miscellaneous Provisions) Act 1997 (18/1997)

Family Law (Divorce) Act 1996 (33/1996)

Pensions (Amendment) Act 1996 (18/1996)

Domestic Violence Act 1996 (1/1996)

Pensions Act 1990 (25/1990)

All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022)

Land Registration Rules 2012 (S.I. No. 483 of 2012)

Pension Schemes (Family Law) (Amendment) Regulations 2012 (S.I. No. 254 of 2012)

Occupational Pension Schemes (Disclosure of Information) (Amendment) (No. 3) Regulations 2012 (S.I. No. 203 of 2012)

Registration of Deeds Rules 2009 (S.I. No. 350 of 2009)

Land Registration Rules 2009 (S.I. No. 349 of 2009)

Registration of Deeds Rules 2008 (S.I. No. 52 of 2008)

Trust Racs (Disclosure of Information) Regulations 2007 (S.I. No. 182 of 2007)

Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006)

Occupational Pension Schemes (Disclosure Of Information) Regulations 2005 (S.I. No. 633 of 2005)

European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005)

European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001)

Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 (S.I. No. 349 of 1998)

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

Pension Schemes (Family Law)Regulations 1997 (S.I. No. 107 of 1997)

Occupational Pension Scheme (Family Law Act, 1995) Regulations 1997 (S.I. No. 64 of 1997)

Order Entitled Family Law Act 1995 (Commencement) Order 1996 (S.I. No. 46 of 1996)

All statutory instruments up to and including European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022), made 31 July 2022, were considered in the preparation of this revision.


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 1 August 2022


ARRANGEMENT OF SECTIONS


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 1 August 2022


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE JURISDICTION OF THE COURTS TO MAKE PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR JUDICIAL SEPARATION, TO ENABLE SUCH ORDERS TO BE MADE IN CERTAIN CASES WHERE MARRIAGES ARE DISSOLVED, OR AS RESPECTS WHICH THE SPOUSES BECOME JUDICIALLY SEPARATED, UNDER THE LAW OF ANOTHER STATE, TO MAKE FURTHER PROVISION IN RELATION TO MAINTENANCE UNDER THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976, AND IN RELATION TO MARRIAGE AND TO PROVIDE FOR CONNECTED MATTERS. [2nd October, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Certain functions in relation to Act transferred (1.01.2014, establisment day) by Child and Family Agency Act 2013, ss. 6, 82 and sch. 1, S.I. Nos. 502 and 503 of 2013.

Transfer of certain functions of Health Service Executive

82. —(1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

...

Family Law Act 1995

...

C2

Functions transferred and references to “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

4. (1) The functions vested in the Minister for Equality and Law Reform

( a ) by or under any of the Acts mentioned in the Schedule to this Order, and

( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.

...

SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.

...

Family Law Act 1995 (No. 26 of 1995)

...

Editorial Notes:

E1

Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2017.

E2

Rights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

E3

Central Authority authorised to...

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