Dáil Éireann díospóireacht -
Wednesday, 14 May 1997

Vol. 479 No. 3

Written Answers. - Divorce Proceedings.

Helen Keogh

Ceist:

66 Ms Keogh asked the Minister for Equality and Law Reform if his attention has been drawn to the fact that those couples who are already legally separated are encountering great difficulties in relation to divorce proceedings in view of the fact that they find that they are required to go through the whole process again, contrary to what they had been led to believe; if he will examine the situation with a view to alleviating the difficulties being experienced by such couples; and if he will make a statement on the matter. [13062/97]

Minister for Equality and Law Reform (Mr. Taylor)

I refer the Deputy to my reply to Question No. 23 of 11 March, 1997 (Vol. 476, No. 2, cols. 312 to 313). I have nothing further to add to that reply other than to say that the court is obliged whether or not a legal or judicial separation is in place on granting a decree of divorce to be satisfied that proper provision having regard to the circumstances exists or will be made for the spouses and any children. But in deciding whether to make any ancillary orders in support of spouses and children the court must, in the divorce proceedings, also have regard to the terms of any legal separation that is in place and where ancilliary orders arising from judicial separation proceedings are in place they may be discharged or continued in force by the court.

The Deputy will appreciate that rules of court, which prescribe procedures for applications in divorce proceedings, are a matter for the relevant court rules committees and the Minister for Justice concurs in their making.