Family Law Act 1981

Enactment Date23 June 1981
Act Number22


Number 22 of 1981


FAMILY LAW ACT 1981

REVISED

Updated to 28 May 2019


This Revised Act is an administrative consolidation of the Family Law Act 1981. 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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, 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 22 of 1981


FAMILY LAW ACT 1981

REVISED

Updated to 28 May 2019


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Mediation Act 2017 (27/2017)

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

Courts and Court Officers Act 2002 (15/2002)

Family Law Act 1995 (26/1995)

Civil Legal Aid Act 1995 (32/1995)

Courts Act 1991 (20/1991)

Judicial Separation and Family Law Reform Act 1989 (6/1989)

Married Women’s Status Act 1957 (5/1957)

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.


Number 22 of 1981


FAMILY LAW ACT 1981

REVISED

Updated to 28 May 2019


ARRANGEMENT OF SECTIONS


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

REVISED

Updated to 28 May 2019


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:

Annotations

Editorial Notes:

E1

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2, S.I. No. 591 of 2019.

E2

Discretion to grant legal aid in respect of proceedings under Act provided (11.10.1996) by Civil Legal Aid Act 1995 (32/1995), s. 28(9)(c)(i), S.I. No. 272 of 1996.

E3

Circuit Court to be known as “Circuit Family Court” when exercising its jurisdiction to hear and determine proceedings under Act as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 31, commenced as per s. 46(2).

E4

Circuit Family Court to hear and determine proceedings instituted under Act in a different place, or at different times or on different days, from the ordinary Circuit Court as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 32, commenced as per s. 46(2).

E5

Conduct of family proceedings before Circuit Family Court and High Court to be as informal as practicable as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 30 and 33, commenced as per s. 46(2).

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

1

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

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

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...

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