Amendment 6. Amendments Nos. 9, 16, 19 and 20 are related. Therefore I propose that amendments Nos. 6, 9, 16, 19 and 20 be taken together.
SECTION 4.
Chairperson
I move amendment No. 6:
In page 6, subsection (1), line 4, to delete "parties to the marriage" and substitute "spouses".
Amendment agreed to.
Chairperson
Amendments Nos. 7, 8 and 10 are related. Therefore, I propose that amendments Nos. 7, 8 and 10 be taken together.
I move amendment No. 7:
In page 6, subsection (1), lines 7 and 8, to delete "section 3 (1) (b)" and substitute "section 2 (1) (a)".
These are all technical amendments.
Amendment agreed to.
I move amendment No. 8:
In page 6, subsection (1), line 9, to delete "section 3 (1) (a)" and substitute "section 2 (1) (b)".
Amendment agreed to.
I move amendment No. 9:
In page 6, subsection (2), line 13, to delete "parties to the marriage" and substitute "spouses".
Amendment agreed to.
I move amendment No. 10:
In page 6, subsection (2), line 17, to delete "section 3 (1) (a)" and substitute "section 2 (1) (b)".
Amendment agreed to.
Section 4, as amended, agreed to.
Sections 5 to 12, inclusive, agreed to.
SECTION 13.
Question: "That section 13 be deleted" put and agreed to.
Sections 14 and 15 agreed to.
NEW SECTIONS.
Chairperson
Amendments Nos. 11 and 12 are related and amendment No. 15 is consequential. I propose that we take amendments Nos. 11, 12 and 15 together.
I move amendment No. 11:
In page 11, before section 16, to insert the following new section:
"16.—(1) On granting a decree of judicial separation or at any time thereafter, the court may, on application to it by either spouse, make a property adjustment order, that is to say, any one or more of the following orders—
(a) an order that a spouse shall transfer to the other spouse, to any dependent child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned spouse is entitled, either in possession or reversion;
(b) an order that a settlement of such property as may be so specified, being property to which a spouse is so entitled, be made to the satisfaction of the court for the benefit of the other spouse and of any dependent child of the family or any or all of those persons;
(c) an order varying for the benefit of the spouses and of any dependent child of the family or any or all of those persons any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses;
(d) an order extinguishing or reducing the interest of either of the spouses under any such settlement.
(2) The court may, following the granting of a decree of judicial separation, consider and determine whether an order or orders should be made by it in favour of a spouse under this section on one occasion only unless on that occasion a spouse wilfully conceals information of a material nature relevant to the making of any such order or orders.".
These are all technical amendments.
Amendment agreed to.
I move amendment No. 12:
In page 11, before section 16, to insert the following new section:
"17.—On granting a decree of judicial separation or at any time thereafter, the court may, on application to it by either spouse, make any one or more of the following orders:
(a) an order conferring on one spouse either for life or for such other period (definite or contingent) as the court may specify the right to occupy the family home to the exclusion of the other spouse;
(b) an order for the sale of the family home subject to such conditions as the court considers proper;
(c) an order under section 12 of the Married Women's Status Act, 1957, determining any dispute between the spouses as to the title to or possession of any property;
(d) an order under section 4, 5 or 9 of the Family Home Protection Act, 1976;
(e) an order under section 2 or 3 of the Family Law (Protection of Spouses and Children) Act, 1981;
(f) an order for the partition of property or under the Partition Acts 1868 and 1876;
(g) an order under section 11 of the Guardianship of Infants Act, 1964 concerning any dependent child of the family.".
Amendment agreed to.
Section 16 deleted.
NEW SECTION.
Amendment No. 13 has already been discussed with section 13.
I move amendment No. 13:
In page 11, before section 17, to insert the following new section:
".—(1) On granting a decree of judicial separation, or at any time thereafter, the court shall, on the application of either spouse, consider whether it should make an order extinguishing the share that either spouse would otherwise be entitled to in the estate of the other spouse as a legal right or on intestacy under the Succession Act, 1965.
(2) The court shall make an order extinguishing the share that a spouse would otherwise be entitled to in the estate of the other spouse as a legal right or on intestacy under the said Act of 1965 if—
(a) it is satisfied, having regard to the provisions of section 19, that adequate and reasonable provision of a permanent nature has been made to provide for the future security of the spouse whose succession rights are in question, or
(b) it is satisfied, having regard to the provisions of section 19, that the case is not one where provision of a permanent nature requires to be made for the future security of the spouse whose succession rights are in question, or
(c) the spouse whose succession rights are in question is not a spouse for the support of whom the court, having had regard to the provisions of section 19 (including subsections (2) (i) and (3)) made an order under section 15, 16 or 17 (a), or
(d) it is satisfied that the spouse whose succession rights are in question is not a spouse for the support of whom the court would, having regard to the provisions of section 19 (including subsections (2) (i) and (3)), make an order under section 15, 16 or 17 (a) if an application were made to it in that regard.".
Amendment agreed to.