Dáil Éireann Debate, Tuesday - 23 January 2024
439. Deputy Ivana Bacik asked the Minister for Justice if her attention has been drawn to difficulties with the application of court orders in divorce cases by banks where issues arise with mortgages post-divorce; and if she will make a statement on the matter. [2517/24]
View answerA Court Order is a written document recording an official decision of the court on the issues raised by the parties to the court proceedings. It can be final (at the end of a hearing) or interim (which is in place until a final order can be made). A court order is legally binding, and must be honoured by any party to whom it is addressed.
On granting a decree of divorce or at any time after the divorce is granted, a court may make ancillary orders under the Family Law (Divorce) Act 1996 to ensure that proper provision is made for the spouses and any children of either or both of them, as required by Article 41.3.2 of the Constitution. Such orders may include property adjustment orders, which may require the transfer of an interest in property to a spouse or a dependent member of the family, and other orders dealing with financial matters, such as adjustments in the division of responsibilities between the parties regarding mortgage repayments.
I understand the Deputy is referring to issues that arise regarding the enforcement of court orders concerning mortgage repayments and the respective responsibilities of the spouses to a third party financial lender. These matters concern a particularly complex area at the intersection of family law and financial services regulation and will require careful analysis. I intend to engage with my colleague the Minister for Finance to consider how such an analysis might be undertaken.
