FAMILY LAW ACT, 1981

AN ACT TO ABOLISH ACTIONS FOR CRIMINAL CONVERSATION, ENTICEMENT AND HARBOURING OF A SPOUSE AND BREACH OF PROMISE OF MARRIAGE, TO MAKE PROVISION IN RELATION TO THE PROPERTY OF, AND GIFTS TO AND BETWEEN, PERSONS WHO HAVE BEEN ENGAGED TO BE MARRIED AND IN RELATION TO THE VALIDITY OF THE CONSENT OF A MINOR SPOUSE FOR THE PURPOSES OF THE FAMILY HOME PROTECTION ACT, 1976, AND TO PROVIDE FOR RELATED MATTERS. [23rd June, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Abolition of actions for criminal conversation, enticement and harbouring of spouse.

1.—(1) After the passing of this Act, no action shall lie for criminal conversation, for inducing a spouse to leave or remain apart from the other spouse or for harbouring a spouse.

• (2) Subsection (1) shall not have effect in relation to any action that has been commenced before the passing of this Act.

2. Engagements to marry not enforceable at law.

2.—(1) An agreement between two persons to marry one another, whether entered into before or after the passing of this Act, shall not under the law of the State have effect as a contract and no action shall be brought in the State for breach of such an agreement, whatever the law applicable to the agreement.

• (2) Subsection (1) shall not have effect in relation to any action that has been commenced before the passing of this Act.

3. Gifts to engaged couples by other persons.

3.—Where two persons have agreed to marry one another and any property is given as a wedding gift to either or both of them by any other person, it shall be presumed, in the absence of evidence to the contrary, that the property so given was given—

• (a) to both of them as joint owners, and

• (b) subject to the condition that it should be returned at the request of the donor or his personal representative if the marriage for whatever reason does not take place.

4. Gifts between engaged couples.

4.—Where a party to an agreement to marry makes a gift of property (including an engagement ring) to the other party, it shall be presumed, in the absence of evidence to the contrary, that the gift—

• (a) was given subject to the condition that it should be returned at the request of the donor or his personal representative if the marriage does not take place for any reason other than the death of the donor, or

• (b) was given unconditionally, if the marriage does not take place on account of the death of the donor.

5. Property of engaged couples.

5.—(1) Where an agreement to marry is terminated, the rules of law relating to the rights of spouses in relation to property in which either or both of them has or have a beneficial interest shall apply in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force as they apply in relation to property in which either or both spouses has or have a beneficial interest.

• (2) Where an agreement to marry is terminated, section 12 of the Married Women’s Status Act, 1957 (which relates to the determination of questions between husband and wife as to property) shall apply, as if the parties to the agreement were married, to any dispute between them, or claim by one of them, in relation to property in which either or both had a beneficial interest while the agreement was in force.

6. Application to the court in case of substantial benefit to a party to a broken engagement.

6.—Where an agreement to marry is terminated and it appears to the court, on application made to it in a summary manner by a person other than a party to the agreement, that a party to the agreement has received a benefit of a substantial nature (not being a gift to which section 3 applies) from the applicant in consequence of the agreement, the court may make such order (including an order for compensation) as appears to it just and equitable in the circumstances.

7. Application to the court in case of substantial expenditure incurred by or on behalf of a party to a broken engagement.

7.—Where an agreement to marry is terminated and it appears to the court, on application made to it in a summary manner by a party to the agreement or another person, that, by reason of the agreement—

• (a) in the case of the party to the agreement, expenditure of a substantial nature has been incurred by him, or

• (b) in the case of the other person, expenditure of a substantial nature has been incurred by him on behalf of a party to the agreement,

and that the party by whom or on whose behalf the expenditure was incurred has not benefited in respect of the expenditure, the court may make such order (including an order for the recovery of the expenditure) as appears to it just and equitable in the circumstances.

8. Jurisdiction (sections 6 and 7).

8.—(1) The Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under section 6 or 7 subject, in the case of a claim exceeding F1[€75,000], to the like consents as are required for the purposes of section 22 of the Courts (Supplemental Provisions) Act, 1961.

• (2) The District Court shall have jurisdiction to hear and determine proceedings under section 6 or 7 where the amount claimed does not exceed F2[€15,000].

9. Limitation period for proceedings under this Act.

9.—Proceedings to enforce a right conferred by this Act arising out of the termination for whatever reason of an agreement to marry shall not be brought after the expiration of three years from the date of the termination of the agreement.

10. Consent by minor spouse to disposal of family home, etc.

10.—(1) No consent given by a spouse, whether before or after the passing of this Act, for the purposes of section 3 (1) of the Family Home Protection Act, 1976 (which provides that a conveyance by one spouse of an interest in the family home without the written consent of the other spouse shall be void) or of section 9 (2) of that Act (which restricts the right of a spouse to dispose of household chattels without the consent of the other spouse) shall be, or shall be taken to have been, invalid by reason only that it is or was given by a spouse who has not or had not attained the age of majority.

• (2) Subsection (1) shall apply to a consent given for the aforesaid purposes before the passing of this Act by a guardian or a court on behalf of a spouse who had not attained the age of majority as if the consent had been given by the spouse.

11. Short title.

11.—This Act may be cited as the Family Law Act, 1981.