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Dáil Éireann díospóireacht -
Wednesday, 19 Feb 1997

Vol. 475 No. 2

Written Answers. - Proposed Legislation.

Noel Dempsey

Ceist:

41 Mr. Dempsey asked the Minister for Equality and Law Reform if his attention has been drawn to the problems facing about 30 couples who are caught in a legal limbo as a result of provisions of the Family Law Act, 1995, which require three months prenotification of marriage, mainly in view of administrative errors in public offices; if so, if he intends to propose amendments to the legislation in order that these marriages can be officially recognised; if so, when he will introduce these amendments; and if not, the action, if any, he intends to take to rectify the situation. [1975/97]

James McDaid

Ceist:

69 Dr. McDaid asked the Minister for Equality and Law Reform the date for the introduction of legislation to regularise the marital status of the couples whose marriages are now in doubt in view of the considerable distress caused to these couples. [4671/97]

I propose to take Questions Nos. 41 and 69 together. The requirement under section 32 of the Family Law Act, 1995 to give three months notice of intention to marry has been in effect since 1 August 1996. The requirement is in line with commitments made in response to the report of the Oireachtas Joint Committee on Marital Breakdown in 1985, in the Government statement of intent on divorce in 1986, in the White Paper on Marriage Breakdown in 1992 and in the Government paper on “The Right to Remarry” in 1995.

While the vast majority of cases under this requirement have given rise to no difficulties, in a small number of cases difficulties have arisen specifically relating to giving the notice to the wrong registrar. In such circumstances a doubt has arisen as the validity of the marriage concerned.

The Government has approved my proposals for the drafting of a Family Law Bill the purpose of which is to provide for the restrospective validation of marriages where such difficulties have arisen, and to amend the law on notification of intention to marry so as to provide a procedure in the future for rectification of administrative errors. Arrangements are now in place for formal drafting of the legislation. I propose to bring forward the legislation as soon as possible in the near future.
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