Skip to main content
Normal View

Select Committee on Legislation and Security debate -
Wednesday, 11 May 1994

Family Law Bill, 1994: Committee Stage.

This Bill is important, complex and detailed. Its main objectives are to enable the court to make financial property and other ancillary orders following the granting of a decree of nullity of marriage, and in cases where foreign decrees of divorce, nullity and legal separation are entitled to recognition in the State, to give Circuit Court jurisdiction in respect of nullity proceedings, to restate the law with amendments on the powers of the court to make declarations on the status of a person's marriage, to strengthen the law on maintenance and to provide a statutory basis for procuring social reports on parties to family proceedings.

Some of the main provisions of the Bill are as follows: Part II enables the court for the first time to make financial property and other ancillary orders following the granting of a decree of nullity. The powers of the court to make property orders include provision for occupations, pensions and inheritance. Section 3 repeals and Part II re-enacts the provisions in the Judicial Separation and Family Law Reform Act, 1989, on the court's power to make ancillary orders in separation proceedings. Part III enables the court, for the first time, to make financial and other orders of the kind provided for in Part II in cases where foreign decrees of divorce, separation and nullity are recognised as valid in the State. Part IV restates, with amendments, the law which enables a person to apply to the courts for a declaration as to the validity of his or her marriage, foreign divorce, separation or nullity decrees and their entitlement to recognition in the State. These provisions will facilitate persons in establishing the status of their marriage. Part V raises the legal age for marriage from 16 to 18 years and requires persons, subject to exceptions, to give three months notice of intention to marry to the local registry office.

Part VI strengthens the law on maintenance by empowering the courts to order secured payments, lump sum payments, and subject to certain conditions, including automatic attachment of earnings for enforcement of maintenance. Heretofore, separate court proceedings to seek enforcement of maintenance would be required. A survey carried out by the Combat Poverty Agency found that attachment of earnings orders doubled the chances of compliance with the maintenance order. For the first time Part VI gives jurisdiction to the Circuit Court in nullity proceedings and jurisdiction on a limited basis to the District Court in proceedings under the Family Home Protection Act, 1976. It also puts on a statutory basis the provision of social reports by the probation and welfare service and health board in family law proceedings. New Circuit Court jurisdiction for nullity cases, at present confined to the High Court, will improve access to the courts and should result in proceedings being cheaper.

On court orders, the Bill has implications for the type of orders, which the court may make. The general criteria for the making of orders in support of a spouse and dependent children will be based on all the circumstances of the parties concerned. Specific criteria which the court will be asked to take into account include income, earning capacity, property, financial resources, likely future obligations, age, conduct of spouse, children, etc.

Prior to Committee Stage of this Bill, it should be noted that amendments have been tabled by the Minister, Deputies McManus, Keogh and Currie. The text of all the amendments is in the list circulated.

The business must conclude by 1.30 p.m. as another committee is meeting here at 1.45 p.m. It is proposed to meet again next Wednesday, 18 May 1994, at 10.30 a.m. and the members have already received notification to this effect.

There are two typographical errors which I want to draw to members' attention. In the first line of amendment No. 1, in the name of Deputy McManus, on the list of amendments dated 11 May 1994, the word "after" should be inserted after the reference to line 25. Amendments Nos. 28 to 31, inclusive, on page 4 on the same list of amendments, are incorrectly listed as amendments to section 9. They are amendments to section 10.

Top
Share