Dáil Éireann Debate, Wednesday - 19 October 2016
41. Deputy Hildegarde Naughton asked the Tánaiste and Minister for Justice and Equality the specific legal and constitutional constraints to introducing clean break divorce; and if she will make a statement on the matter. [31065/16]
Amharc ar fhreagraI understand that the reference to "clean break divorce" in the Deputy's question refers to a situation in which financial and other orders made by a court when granting a divorce cannot be revisited or varied after the divorce has been finalised.
The institution of marriage is afforded constitutional protection under Article 41.3.1 of the Constitution. Article 41.3.2 (iii) of the Constitution provides that a court may only grant a dissolution of marriage only where it is satisfied that "such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any children of either or both of them and any other person prescribed by law".
The Family Law (Divorce) Act 1996 allows the courts to make proper provision for affected parties by means of orders in areas such as maintenance, property, pensions, periodical payments, lump sums and financial compensation. As the financial circumstances of the parties may change over time, section 22 of the Act provides that any of the parties may apply to court for variation or discharge of previous orders which were made in relation to the divorce.
There are no current proposals to hold a referendum in relation to amendment of Article 41.3.2 (iii) of the Constitution in order to provide for "clean break" divorce.
