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Dáil Éireann díospóireacht -
Tuesday, 24 Oct 2000

Vol. 524 No. 5

Written Answers. - Marriage Notice Requirements.

Austin Deasy

Ceist:

430 Mr. Deasy asked the Minister for Justice, Equality and Law Reform if he will introduce a Bill to amend the Family Law Act, 1995, where a person who, through rapidly deteriorating terminal illness, is unable to give prior notification of marriage or to seek an exemption in order that the surviving partner may apply to the courts in retrospect for validation of same; and if he will make a statement on the matter. [23177/00]

Policy in the law would seem to cater for the various circumstances in which a person may not be able to give three months notice of marriage.

The Family Law Act, 1995, provides a simple procedure under which the court may on application to it by both parties exempt the intended marriage from the three months notice requirements in that Act. The court order is granted where it is justified by serious reasons and in the interests of the parties concerned. However, there is no provision in the law for retrospective validation of the marriage where the notice requirement has not been complied with. While there are no proposals for change in relation to this particular provision, family law is kept under review, generally, in my Department.

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