Judicial separation and family law reform act, 1989

Act Number6
Enactment Date19 April 1989


Number 6 of 1989


JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989


ARRANGEMENT OF SECTIONS

PART I

The obtaining of a Decree of Separation

Section

1.

Definition.

2.

Application for a decree of judicial separation.

3.

Grant of decree of judicial separation, custody, etc. of children.

4.

Supplemental provisions as to proof of adultery and unreasonable behaviour.

5.

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

6.

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

7.

Adjournment of proceedings to assist reconciliation or agreements on separation.

8.

Effect of judicial separation and rescission of decree of separation and ancillary orders upon reconciliation.

9.

Abolition of decree of divorce a mensa et thoro, etc.

PART II

Ancillary Financial, Property, Custody and Other Orders

10.

Definitions (Part II).

11.

Preliminary orders in judicial separation proceedings.

12.

Making of applications for preliminary orders.

13.

Maintenance pending suit, etc.

14.

Periodical payments and lump sum orders.

15.

Property adjustment orders.

16.

Miscellaneous ancillary orders.

17.

Order extinguishing succession rights.

18.

Orders for sale of property.

19.

Additional family home jurisdiction.

20.

Provisions relating to maintenance, property and other orders.

21.

Retrospective maintenance orders.

22.

Variation and discharge of financial and property orders.

23.

Child maintenance.

24.

Transmission of periodical payments through District Court clerk.

25.

Amendment of section 3 of Family Law (Maintenance of Spouses and Children) Act, 1976.

26.

Payments to be made without deduction of income tax.

27.

Application of maintenance and periodical payments orders to men of Defence Forces.

28.

Amendment of Enforcement of Court Orders Act, 1940.

29.

Voidance of transactions intended to prevent or reduce financial relief.

PART III

Court Jurisdiction

30.

Definition (Part III).

31.

Courts, jurisdiction and venue.

32.

Hearing of proceedings.

33.

Conduct of family proceedings in Circuit and High Courts.

34.

Privacy.

35.

Costs.

36.

Rules of court.

PART IV

Miscellaneous

37.

Saver for existing law.

38.

Amendment of sections 5 and 6 of Family Law (Maintenance of Spouses and Children) Act, 1976.

39.

Discharge of orders under Family Law (Maintenance of Spouses and Children) Act, 1976.

40.

Reports on children in guardianship cases.

41.

Custody of dependent children.

42.

Amendment of section 120 (2) of Succession Act, 1965.

43.

Divorce a mensa et thoro decrees and alimony orders.

44.

Collusion, condonation, recrimination, connivance.

45.

Conduct of District Court family proceedings.

46.

Short title and commencement.


Acts Referred to

Adoption Acts, 1952 to 1988

Defence Act, 1954

1954, No. 18

Enforcement of Court Orders Act, 1940

1940, No. 23

Family Home Protection Act, 1976

1976, No. 27

Family Law Act, 1981

1981, No. 22

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11

Family Law (Protection of Spouses and Children) Act, 1981

1981, No. 21

Guardianship of Infants Act, 1964

1964, No. 7

Legitimacy Declaration Act (Ireland), 1868

1868, c. 20

Married Women's Status Act, 1957

1957, No. 5

Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870

1870, c. 110

Partition Act, 1868

1868, c. 40

Partition Act, 1876

1876, c. 17

Status of Children Act, 1987

1987, No. 26

Succession Act, 1965

1965, No. 27


Number 6 of 1989


JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989


AN ACT TO AMEND THE GROUNDS FOR JUDICIAL SEPARATION: TO FACILITATE RECONCILIATION BETWEEN ESTRANGED SPOUSES: TO PROVIDE FOR THE MAKING OF ANCILLARY ORDERS IN SEPARATION PROCEEDINGS: TO AMEND THE LAW RELATING TO THE COURTS' FAMILY LAW JURISDICTION AND TO PROVIDE FOR CONNECTED MATTERS. [19th April, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

The obtaining of a Decree of Separation

Definition.

1.—In this Act, except where the context otherwise requires—

“the court” means the court having jurisdiction under Part III of this Act.

Application for a decree of judicial separation.

2.—(1) An application by a spouse for a decree of judicial separation from the other spouse may be made to the court having jurisdiction to hear and determine proceedings under Part III of this Act on one or more of the following grounds:

(a) that the respondent has committed adultery;

(b) that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;

(c) subject to subsection (2) of this section, that there has been desertion by the respondent of the applicant for a continuous period of at least one year immediately preceding the date of the application;

(d) subject to subsection (2) of this section, that the spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application and the respondent consents to a decree being granted;

(e) subject to subsection (2) of this section, that the spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application;

(f) that the marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.

(2) In considering for the purposes of subsection (1) of this section, whether—

(a) in the case of paragraph (c) of that subsection, the period for which the respondent has deserted the applicant, or

(b) in the case of paragraph (d) or (e) of that subsection, the period for which the spouses have lived apart,

has been continuous, no account shall be taken of any one period (not exceeding 6 months) or of any two or more periods (not exceeding 6 months in all) during which the spouses resumed living with each other, but no such period or periods during which the spouses lived with each other shall count as part of the period of desertion or the period for which the spouses have lived apart, as the case may be:

Provided that this subsection shall only apply where the spouses are not living with each other at the time the application is made.

(3) (a) In this section spouses shall be treated as living apart from each other unless they are living with each other in the same household, and references to spouses living with each other shall be construed as references to their living with each other in the same household.

(b) In this section “desertion” includes conduct on the part of one spouse that results in the other spouse, with just cause, leaving and living apart from that other spouse.

Grant of decree of judicial separation, custody, etc. of children.

3.—(1) Where, on an application under section 2 of this Act, the court is satisfied that any of the grounds referred to in subsection (1) of that section which have been relied on by the applicant have been proved on the balance of probabilities, the court shall, subject to subsection (2) of this section and sections 5 and 6 of this Act, grant a decree of judicial separation in respect of the spouses concerned.

(2) (a) Where there are, in respect of the spouses concerned, any dependent children of the family, the court shall not grant a decree of judicial separation unless the court—

(i) is satisfied that such provision has been made, or

(ii) intends by order upon the granting of the decree to make such provision,

for the welfare of those children as is proper in the circumstances.

(b) In this subsection—

“dependent children of the family” has the same meaning as it has for the purposes of Part II of this Act;

“welfare” comprises the religious and moral, intellectual, physical and social welfare of the children concerned.

(3) Upon the granting of a decree of judicial separation by the court, the court may, where appropriate, by order give such directions under section 11 of the Guardianship of Infants Act, 1964 , as it thinks proper regarding the welfare or custody of, or right of access to, an infant (being an infant within the meaning of that Act) as if an application had been made under that section.

Supplemental provisions as to proof of adultery and unreasonable behaviour.

4.—(1) Where the spouses have lived with each other for more than 1 year after it became known to the applicant that the respondent had committed adultery the applicant shall not be entitled to rely on that adultery for the purposes of section 2 (1) (a) although that adultery may be one of the factors that the applicant may rely on for the purposes of section 2 (1) (b) together with other matters.

(2) Where the applicant alleges that the respondent has behaved in such a way that the applicant cannot reasonably be expected to cohabit with him but the spouses have cohabited for a period or periods after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, such cohabitation shall be disregarded in determining for the purpose of section 2 (1) (b) of this Act...

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