Family Law Act , 1995

PART I Preliminary and General

1. Short title and commencement.

1.—(1)This Act may be cited as the Family Law Act, 1995.

(2)(a)This Act shall come into operation on such day or days as, by order or orders made by the Minister for Equality and Law Reform under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(b)An order under paragraph (a) relating to, or in so far as it relates to, section 32 shall not be made without the consent of the Minister for Health.

2. Interpretation.

2.—(1)In this Act, save where the context otherwise requires—

“the Act of 1964” means the Guardianship of Infants Act, 1964;

“the Act of 1965” means the Succession Act, 1965;

“the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976;

F1[…]

“the Act of 1989” means the Judicial Separation and Family Law Reform Act, 1989;

F2[…]

F3["Act of 2018" means the Domestic Violence Act 2018;]

F4["civil partnership" has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

F5["cohabitant" shall be construed in accordance withsection 172(1) of theCivil Partnership and Certain Rights and Obligations of Cohabitants Act 2010and includes a former cohabitant;]

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property otherwise than by a will or a donatio mortis causa and also includes an enforceable agreement (whether conditional or unconditional) to make any such disposition;

“the court” shall be construed in accordance with section 38;

“decree of judicial separation” means a decree under section 3 of the Act of 1989;

“decree of nullity” means a decree granted by a court declaring a marriage to be null and void;

“dependent member of the family”, in relation to a spouse, or the spouses, concerned, means any child—

(a)of both spouses or adopted by both spouses under the Adoption Acts, 1952 to 1991, or in relation to whom both spouses are in loco parentis, or

(b)of either spouse or adopted by either spouse under those Acts or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he or she is not the parent of the child, has treated the child as a member of the family,

who is under the age of 18 years or if the child has attained that age—

(i)is or will be or, if an order were made under this Act providing for periodical payments for the benefit of the child or for the provision of a lump sum for the child, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

(ii)has a mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully;

“family home” has the meaning assigned to it by section 2 of the Family Home Protection Act, 1976, with the modification that the references to a spouse in that section shall be construed as references to a spouse within the meaning of this Act;

“financial compensation order” has the meaning assigned to it by section 11;

“Land Registry” and “Registry of Deeds” have the meanings assigned to them by the Registration of Title Act, 1964;

“lump sum order” means an order under section 8 (1) (c);

“maintenance pending suit order” means an order under section 7;

“maintenance pending relief order” means an order under section 24;

“member”, in relation to a pension scheme, means any person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;

“pension adjustment order” means an order under section 12;

“pension scheme” means—

(a)an occupational pension scheme (within the meaning of the Pensions Act, 1990), or

(b)(i)an annuity contract approved by the Revenue Commissioners under section 235 of the Income Tax Act, 1967, or a contract so approved under section 235A of that Act,

(ii)a trust scheme, or part of a trust scheme, so approved under subsection (4) of the said section 235 or subsection (5) of the said section 235A, or

(iii)a policy or contract of assurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972, or

F6[(bb) a PRSA contract within the meaning of Part X of thePensions Act, 1990, or]

(c)any other scheme or arrangement (including a personal pension plan and a scheme or arrangement established by or pursuant to statute or instrument made under statute other than under the Social Welfare Acts) that provides or is intended to provide either or both of the following, that is to say:

(i)benefits for a person who is a member of the scheme or arrangement (“the member”) upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving, or upon the ceasing of, the relevant employment,

(ii)benefits for the widow, widower or dependants of the member, or for any other persons, on the death of the member;

“periodical payments order” and “secured periodical payments order” have the meanings assigned to them by section 8 (1);

“property adjustment order” has the meaning assigned to it by section 9;

F4["registration", with respect to a civil partnership, includes entering into a relationship of a class of legal relationships that is the subject of an order made undersection 5of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“relief order” means an order under Part II made by virtue of section 23;

“trustees”, in relation to a scheme that is established under a trust, means the trustees of the pension scheme and, in relation to a pension scheme not so established, means the persons who administer the scheme.

(2)In this Act, where the context so requires—

(a)a reference to a marriage includes a reference to a marriage that has been dissolved under the law of a country or jurisdiction other than the State,

(b)a reference to a remarriage includes a reference to a marriage that takes place after a marriage that has been dissolved under the law of a country or jurisdiction other than the State,

(c)a reference to a spouse includes a reference to a person who is a party to a marriage that has been dissolved under the law of a country or jurisdiction other than the State,

(d)a reference to a family includes a reference to a family as respects which the marriage of the spouses concerned has been dissolved under the law of a country or jurisdiction other than the State,

(e)a reference to an application to a court by a person on behalf of a dependent member of the family includes a reference to such an application by such a member and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent member of the family includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a member,

and cognate words shall be construed accordingly.

(3)In this Act—

(a)a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b)a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other enactment is intended,

(c)a reference to a subsection, paragraph, subparagraph or clause is a reference to the subsection, paragraph, subparagraph or clause of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3. Repeals.

3.—(1)The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2)Notwithstanding subsection (1)—

(a)orders made before the commencement of Part II under a provision of the Act of 1989 repealed by subsection (1) shall continue in force and be treated after such commencement as if made under the corresponding provision of this Act,

(b)(i)orders or decrees made or exceptions granted under section 1 of the Legitimacy Declaration Act (Ireland), 1868, section 1 of the Marriages Act, 1972, or section 12 of the Married Women’s Status Act, 1957, before such commencement shall continue in force after such commencement,

(ii)proceedings instituted under any of those sections before such commencement may be continued and determined after such commencement, and

(iii)orders or decrees made or exceptions granted after such commencement in those proceedings shall be in force,

(c)proceedings instituted before such commencement under a provision of the Act of 1989 repealed by subsection (1) may be continued and determined as if instituted under the corresponding provision of this Act and orders made in those proceedings after such commencement shall be in force and be treated as if made under the corresponding provision of this Act.

4. Expenses.

4.—The expenses incurred by the Minister for Equality and Law Reform, the Minister for Health or the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II Preliminary and Ancillary Orders in or after Proceedings for Judicial Separation

5. Application (sections 6 to 14).

5.—Each of the following sections, that is to say, sections 6 to 14, applies to a case in which proceedings for the grant of a decree of judicial separation are instituted after the commencement of that section.

6. Preliminary orders in proceedings for judicial separation.

6.—Where an application is made to the court for the grant of a decree of judicial separation, the court, before deciding whether to grant or refuse to grant the decree, may, in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the following orders—

F7[(a) an order undersection 6,7,8or10of the Act of 2018,]

(b)an order under section 11 of the Act of 1964,

(c)an order under section 5 or 9 of the Family Home Protection Act, 1976.

7. Maintenance pending suit orders.

7.—(1)Where an application is made to the court for the grant of a decree of judicial separation, the court may make an order for maintenance pending suit, that is to say, an order requiring either of the spouses concerned to make to the other spouse such periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of such (if any) dependent member of the family and, as respects periodical payments, for such period beginning not earlier than the date of the application and ending not later than the date of its determination, as the court considers proper and specifies in the order.

(2)The court may provide that payments under an order under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.

8. Periodical payments and lump sum orders.

8.—(1)On granting a decree of judicial separation F8[or at any time thereafter], the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders, that is to say:

(a)a periodical payments order, that is to say—

(i)an order that either of the spouses shall make to the other spouse such periodical payments of such amount, during such periods and at such times as may be specified in the order, or

(ii)an order that either of the spouses shall make to such person as may be so specified for the benefit of such (if any) dependent member of the family such periodical payments of such amount, during such period and at such times as may be so specified,

(b)a secured periodical payments order, that is to say—

(i)an order that either of the spouses shall secure, to the satisfaction of the court, to the other spouse such periodical payments of such amounts during such period and at such times as may be so specified, or

(ii)an order that either of the spouses shall secure, to the satisfaction of the court, to such person as may be so specified for the benefit of such (if any) dependent member of the family such periodical payments of such amounts, during such period and at such times as may be so specified,

(c)(i)an order that either of the spouses shall make to the other spouse a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be so specified F8[or],

(ii)an order that either of the spouses shall make to such person as may be so specified for the benefit of such (if any) dependent member of the family a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be so specified.

(2)The court may—

(a)order a spouse to pay a lump sum to the other spouse to meet any liabilities or expenses reasonably incurred by that other spouse before the making of an application by that other spouse for an order under subsection (1) in maintaining himself or herself or any dependent member of the family, or

(b)order a spouse to pay a lump sum to such person as may be specified to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent member of the family before the making of an application on behalf of the member for an order under subsection (1).

(3)An order under this section for the payment of a lump sum may provide for the payment of the lump sum by instalments of such amounts as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.

(4)The period specified in an order under paragraph (a) or (b) of subsection (1) shall begin not earlier than the date of the application for the order and shall end not later than the death of F9[the spouse, or any dependent member of the family, in whose favour the order is made or the other spouse concerned].

(5)(a)Upon the remarriage F10[or registration in a civil partnership] of the spouse in whose favour an order is made under paragraph (a) or (b) of subsection (1), the order shall, to the extent that it applies to that spouse, cease to have effect, except as respects payments due under it on the date of the remarriage F10[or civil partnership registration].

(b)If, after the grant of a decree of judicial separation, either of the spouses concerned remarries F10[or registers in a civil partnership], the court shall not, by reference to that decree, make an order under subsection (1) in favour of that spouse.

(6)(a)Where a court makes an order under subsection (1) (a), it shall in the same proceedings, subject to paragraph (b), make an attachment of earnings order (within the meaning of the Act of 1976) to secure payments under the first-mentioned order if it is satisfied that the person against whom the order is made is a person to whom earnings (within the meaning aforesaid) fall to be paid.

(b)Before deciding whether to make or refuse to make an attachment of earnings order by virtue of paragraph (a), the court shall give the spouse concerned an opportunity to make the representations specified in paragraph (c) in relation to the matter and shall have regard to any such representations made by that spouse.

(c)The representations referred to in paragraph (b) are representations relating to the questions—

(i)whether the spouse concerned is a person to whom such earnings as aforesaid fall to be paid, and

(ii)whether he or she would make the payments to which the relevant order under subsection (1) (a) relates.

(d)References in this subsection to an order under subsection (1) (a) include references to such an order as varied or affirmed on appeal from the court concerned or varied under section 18.

9. Property adjustment orders.

9.—(1)On granting a decree of judicial separation F11[or at any time thereafter], the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make a property adjustment order, that is to say, an order providing for one or more of the following matters:

(a)the transfer by either of the spouses to the other spouse, to any dependent member of the family or to any other specified person for the benefit of such a member of specified property, being property to which the first-mentioned spouse is entitled either in possession or reversion;

(b)the settlement to the satisfaction of the court of specified property, being property to which either of the spouses is so entitled as aforesaid, for the benefit of the other spouse and of any dependent member of the family or of any or all of those persons;

(c)the variation for the benefit of either of the spouses and of any dependent member of the family or of any or all of those persons of any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses;

(d)the extinguishment or reduction of the interest of either of the spouses under any such settlement.

(2)An order under paragraph (b), (c) or (d) may restrict to a specified extent or exclude the application of section 18 in relation to the order.

(3)If, after the grant of a decree of judicial separation, either of the spouses concerned remarries F12[or registers in a civil partnership], the court shall not, by reference to that decree, make a property adjustment order in favour of that spouse.

(4)Where a property adjustment order is made in relation to land, a copy of the order certified to be a true copy by the registrar or clerk of the court concerned shall, as appropriate, be lodged by him or her in the Land Registry for registration pursuant to section 69 (1) (h) of the Registration of Title Act, 1964, in a register maintained under that Act or be registered in the Registry of Deeds.

F13[(4A) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)(h) of theRegistration of Title Act 1964or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with—