Family law (divorce) act, 1996

Act Number33
Enactment Date27 November 1996


Number 33 of 1996


FAMILY LAW (DIVORCE) ACT, 1996


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Repeal.

4.

Expenses.

PART II

The Obtaining of a Decree of Divorce

5.

Grant of decree of divorce and custody etc., of children.

6.

Safeguards to ensure applicant's awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.

7.

Safeguards to ensure respondent's awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.

8.

Adjournment of proceedings to assist reconciliation or agreements on the terms of the divorce.

9.

Non-admissibility as evidence of certain communications relating to reconciliation, separation or divorce.

10.

Effect of decree of divorce.

PART III

Preliminary and Ancillary Orders in or after Proceedings for Divorce

11.

Preliminary orders in proceedings for divorce.

12.

Maintenance pending suit orders.

13.

Periodical payments and lump sum orders.

14.

Property adjustment orders.

15.

Miscellaneous ancillary orders.

16.

Financial compensation orders.

17.

Pension adjustment orders.

18.

Orders for provision for spouse out of estate of other spouse.

19.

Orders for sale of property.

20.

Provisions relating to certain orders under sections 12 to 18 and 22.

21.

Retrospective periodical payments orders.

22.

Variation, etc., of certain orders under this Part.

23.

Restriction in relation to orders for benefit of dependent members of family.

24.

Method of making payments under certain orders.

25.

Stay on certain orders the subject of appeal.

26.

Orders under Acts of 1976, 1989 and 1995.

27.

Amendment of section 3 of Act of 1976.

28.

Transmission of periodical payments through District Court clerk.

29.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

30.

Amendment of Enforcement of Court Orders Act, 1940.

PART IV

Income Tax, Capital Acquisitions Tax, Capital Gains Tax, Probate Tax and Stamp Duty

31.

Payments to be made without deduction of income tax.

32.

Income tax treatment of divorced persons.

33.

Exemption of certain transfers from stamp duty.

34.

Exemption of certain transfers from capital acquisitions tax.

35.

Capital gains tax treatment of certain disposals by divorced persons.

36.

Abatement and postponement of probate tax on property the subject of an order under section 18.

PART V

Miscellaneous

37.

Powers of court in relation to transactions intended to prevent or reduce relief.

38.

Jurisdiction of courts and venue.

39.

Exercise of jurisdiction by court in relation to divorce.

40.

Notice of proceedings under Act.

41.

Custody of dependent members of family after decree of divorce.

42.

Social reports in family law proceedings.

43.

Cost of mediation and counselling services.

44.

Determination of questions between persons formerly engaged to each other in relation to property.

45.

Amendment of Act of 1989.

46.

Amendment of Act of 1965.

47.

Amendment of Pensions Act, 1990.

48.

Amendment of Criminal Damage Act, 1991.

49.

Amendment of Criminal Evidence Act, 1992.

50.

Amendment of Powers of Attorney Act, 1996.

51.

Amendment of Act of 1996.

52.

Amendment of Act of 1995.

53.

Amendment of Maintenance Act, 1994.


Number 33 of 1996


FAMILY LAW (DIVORCE) ACT, 1996


AN ACT TO MAKE PROVISION FOR THE EXERCISE BY THE COURTS OF THE JURISDICTION CONFERRED BY THE CONSTITUTION TO GRANT DECREES OF DIVORCE, TO ENABLE THE COURTS TO MAKE CERTAIN PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR DIVORCE, TO PROVIDE, AS RESPECTS TRANSFERS OF PROPERTY OF DIVORCED SPOUSES, FOR THEIR EXEMPTION FROM, OR FOR THE ABATEMENT OF, CERTAIN TAXES (INCLUDING STAMP DUTY) AND TO PROVIDE FOR RELATED MATTERS. [27th November, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Family Law (Divorce) Act, 1996.

(2) This Act shall come into operation on the day that is 3 months after the date of its passing.

Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1964” means the Guardianship of Infants Act, 1964 ;

“the Act of 1965” means the Succession Act, 1965 ;

“the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976 ;

“the Act of 1989” means the Judicial Separation and Family Law Reform Act, 1989 ;

“the Act of 1995” means the Family Law Act, 1995 ;

“the Act of 1996” means the Domestic Violence Act, 1996 ;

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property otherwise than by a will or a donatio mortis causa and also includes an enforceable agreement (whether conditional or unconditional) to make any such disposition;

“the court” shall be construed in accordance with section 38 ;

“decree of divorce” means a decree under section 5 ;

“decree of judicial separation” means a decree under section 3 of the Act of 1989;

“decree of nullity” means a decree granted by a court declaring a marriage to be null and void;

“dependent member of the family”, in relation to a spouse, or the spouses, concerned, means any child—

(a) of both spouses or adopted by both spouses under the Adoption Acts, 1952 to 1991, or in relation to whom both spouses are in loco parentis, or

(b) of either spouse or adopted by either spouse under those Acts, or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he or she is not the parent of the child, has treated the child as a member of the family,

who is under the age of 18 years or if the child has attained that age—

(i) is or will be or, if an order were made under this Act providing for periodical payments for the benefit of the child or for the provision of a lump sum for the child, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

(ii) has a mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully;

“family home” has the meaning assigned to it by section 2 of the Family Home Protection Act, 1976 , with the modification that the references to a spouse in that section shall be construed as references to a spouse within the meaning of this Act;

“financial compensation order” has the meaning assigned to it by section 16 ;

“Land Registry” and “Registry of Deeds” have the meanings assigned to them by the Registration of Title Act, 1964 ;

“lump sum order” means an order under section 13 (1) (c);

“maintenance pending suit order” means an order under section 12 ;

“member”, in relation to a pension scheme, means any person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;

“pension adjustment order” means an order under section 17 ;

“pension scheme” means—

(a) an occupational pension scheme (within the meaning of the Pensions Act, 1990 ), or

(b) (i) an annuity contract approved by the Revenue Commissioners under section 235 of the Income Tax Act, 1967 , or a contract so approved under section 235A of that Act,

(ii) a trust scheme, or part of a trust scheme, so approved under subsection (4) of the said section 235 or subsection (5) of the said section 235A, or

(iii) a policy or contract of assurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972 ,

or

(c) any other scheme or arrangement (including a personal pension plan and a scheme or arrangement established by or pursuant to statute or instrument made under statute other than under the Social Welfare Acts) that provides or is intended to provide either or both of the following, that is to say:

(i) benefits for a person who is a member of the scheme or arrangement (“the member”) upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving, or upon the ceasing of, the relevant employment,

(ii) benefits for the widow, widower or dependants of the member, or for any other persons, on the death of the member;

“periodical payments order” and “secured periodical payments order” have the meanings assigned to them by section 13 ;

“property adjustment order” has the meaning assigned to it by section 14 ;

“trustees”, in relation to a scheme that is established under a trust, means the trustees of the scheme and, in relation to a pension scheme not so established, means the persons who administer the scheme.

(2) In this Act, where the context so requires—

(a) a reference to a marriage includes a reference to a marriage that has been dissolved under this Act,

(b) a reference to a remarriage includes a reference to a marriage that takes place after a marriage that has been dissolved under this Act,

(c) a reference to a spouse includes a reference to a person who is a party to a marriage that has been dissolved under this Act,

(d) a reference to a family includes a reference to a family as respects which the marriage of the spouses concerned has been dissolved under this Act,

(e) a reference to an application to a court by a person on...

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