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Dáil Éireann díospóireacht -
Tuesday, 5 Mar 1996

Vol. 462 No. 5

Written Answers. - Maintenance Agreement's Enforcements.

Helen Keogh

Ceist:

192 Ms Keogh asked the Minister for Justice what body has the responsibility to ensure that maintenance agreements are enforced; the reason a person (details supplied) in County Wexford has had to pursue her husband through the courts, resulting in enormous costs on her behalf; the way in which she can be assured of the protection of the law: and if she will make a statement on the matter. [4845/96]

In general, I am informed that, when marital breakdown is resolved by way of a separation agreement, the agreement, signed by both parties, is submitted to the Circuit Court which makes the agreement a rule of court. It is then open to either of the parties to apply to have the agreed maintenance paid through the District Court. Where such an order is made the District Court will process the payment and enforce the order. If the order is not made payable through the District Court it is open to either of the parties to apply to the Circuit Court if they consider that the terms of the agreement are not being met.

The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of and decision reached in any court case are matters entirely for the presiding judge. It is not open to me therefore to comment on the particulars of any individual court case.

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