The Long and Winding Road to Divorce Legislation | Family Law Series Ep 1

Judge Marie Baker and Claire Collins SC open the series by looking at the historical and constitutional evolution of divorce law in Ireland. Marking the 30th anniversary of the 1995 referendum, they trace the legal journey from the 1937 constitutional ban on divorce to the eventual introduction of judicial separation and divorce legislation. The episode explores the vulnerability of married women under early laws, such as a lack of succession rights and property protections, followed by a discussion of the piecemeal legislative reforms of the 1960s–1980s. They also look back at the failed 1986 referendum, the societal concerns about spousal and child welfare, and how the prohibition on divorce came to be lifted after the extremely close 1995 referendum. --- Dail Debates Vol. 456 No. 1 Col. 216 (27th September, 1995) Deputy Bree. “We have legal remedies equivalent to divorce in every respect except one which is the right to re-marry”. Report of the Informal Committee on the Constitution, December 1967 PR9817. The Report of the Joint Oireachtas Committee on Marriage Breakdown, (Dublin: Stationery Office, 1985) PI 3074. Law Reform Commission on Divorce a mensa et thoro and related matters LRC 8-1983 https://www.lawreform.ie/_fileupload/Reports/rDivorceAMensaetThoro.pdf The text of the tenth amendment of the Constitution Bill 1986 proposed that Article 41.3.2 be replaced with the following:- “Where and only where such Court established under this Constitution as may be prescribed by law is satisfied that:- (i) A marriage has failed. (ii) The failure has continued for a period of or periods amounting to, at least five years. (iii) That there is no reasonable possibility of reconciliation between the parties to the marriage and (iv) Any other conditions prescribed by law have been complied with, the Court may in accordance with law grant a dissolution of the marriage provided that the Court is satisfied that adequate and proper provision having regard to the circumstances will be made for any dependent spouse and for any child who is dependent on either spouse.” Marital Breakdown: A Review and Proposed Changes White Paper (Dublin: Stationary Office, 1992). Note: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in diviorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.