Family Law Act , 1995

(b)a relief order (other than an order under section 18 affecting an order referred to in subsection (1) (e) thereof),

and references to defeating a claim for relief are references to—

(i)preventing relief being granted to the person concerned, whether for the benefit of the person or a dependent member of the family concerned,

(ii)limiting the relief granted, or

(iii)frustrating or impeding the enforcement of an order granting relief;

“reviewable disposition”, in relation to proceedings for the grant of relief brought by a spouse, means a disposition made by the other spouse concerned or any other person but does not include such a disposition made for valuable consideration (other than marriage) to a person who, at the time of the disposition acted in good faith and without notice of an intention on the part of the respondent to defeat the claim for relief.

(2)(a)The court, on the application of a person (“the applicant”) who—

(i)has instituted proceedings that have not been determined for the grant of relief,

(ii)has been granted leave under section 23 (3) to institute such proceedings, or

(iii)intends to apply for such leave upon the completion of one year’s ordinary residence in the State—

may—

(I)if it is satisfied that the other spouse concerned or any other person, with the intention of defeating the claim for relief, proposes to make any disposition of or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for the purpose of restraining that other spouse or other person from so doing or otherwise for protecting the claim,

(II)if it is satisfied that that other spouse or other person has, with that intention, made a reviewable disposition and that, if the disposition were set aside, relief or different relief would be granted to the applicant, make an order setting aside the disposition.

(b)Where relief has been granted by the court and the court is satisfied that the other spouse concerned or another person has, with the intention aforesaid, made a reviewable disposition, it may make an order setting aside the disposition.

(c)An application under paragraph (a) shall, in a case in which proceedings for relief have been instituted, be made in those proceedings.

(3)Where the court makes an order under paragraph (a) or (b) of subsection (2), it shall include in the order such provisions (if any) as it considers necessary for its implementation (including provisions requiring the making of any payments or the disposal of any property).

(4)In a case where neither of the conditions specified in paragraphs (a) and (b) of section 27 (1) is satisfied, the court shall not make an order under subsection (2) in respect of any property other than the family home concerned.

(5)Where an application is made under subsection (2) with respect to a disposition that took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property that the other spouse concerned or any other person proposes to make and the court is satisfied—

(a)in case the application is for an order under subsection (2) (a) (I), that the disposition or other dealing concerned would (apart from this section) have the consequence, or

(b)in case the application is for an order under paragraph (a) (II) or (b) of subsection (2), that the disposition has had the consequence,

of defeating the applicant’s claim for relief, it shall be presumed, unless the contrary is shown, that that other spouse or other person disposed of or otherwise dealt with the property concerned, or, as the case may be, proposes to do so, with the intention of defeating the applicant’s claim for relief.

F46[(6) An application shall not be made for an order setting aside a disposition by reason only of subsection (2)(a)(II) or (b) after the expiration of 6 years from the date of the disposition.]

36. Determination of questions between spouses in relation to property.

36.—(1)Either spouse may apply to the court in a summary manner to determine any question arising between them as to the title to or possession of any property.

(2)On application to it under subsection (1), the court may—

(a)make such order with respect to the property in dispute (including an order that it be sold or partitioned) and as to the costs consequent upon the application, and

(b)direct such inquiries, and give such other directions, in relation to the application,

as the court considers proper.

(3)Either spouse or a child of a deceased spouse (in this section referred to subsequently as “the plaintiff spouse”) may make an application specified in subsection (1) where it is claimed that the other spouse (in this section referred to subsequently as “the defendant spouse”) has had in his or her possession or under his or her control—

(a)money to which, or to a share of which, the plaintiff spouse was beneficially entitled whether by reason of the fact that it represented the proceeds of property to which, or to an interest in which, the plaintiff spouse was beneficially entitled or for any other reason, or

(b)property (other than money) to which, or to an interest in which, the plaintiff spouse was beneficially entitled,

and that either that money or other property has ceased to be in the possession or under the control of the defendant spouse or that the plaintiff spouse does not know whether it is still in the possession or under the control of the defendant spouse.

(4)Where an application under subsection (1) is made by virtue of subsection (3) and the court is satisfied that—

(a)(i)the defendant spouse concerned has had in his or her possession or under his or her control money or other property to which paragraph (a) or (b) of subsection (3) relates, or

(ii)the defendant spouse has in his or her possession or under his or her control property that represents the whole or part of the money or other property aforesaid,

and

(b)the defendant spouse has not made to the plaintiff spouse concerned such payment or disposition (not being a testamentary disposition) as would have been appropriate in all the circumstances,

the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of such an order, make an order requiring the defendant spouse to pay to the plaintiff spouse either, as the case may be—

(i)such sum in respect of the money to which the application relates, or the plaintiff spouse’s share thereof, or

(ii)such sum in respect of the value of the property (other than money) referred to in paragraph (a), or the plaintiff spouse’s interest therein,

as the court considers proper.

(5)In any proceedings under this section, a person (other than the plaintiff spouse concerned or the defendant spouse concerned) who is a party thereto shall, for the purposes of costs or any other matter, be treated as a stakeholder only.

(6)This section is without prejudice to section 2 (which prescribes the legal capacity of married women) of the Married Women’s Status Act, 1957.

(7)(a)Where a marriage—

(i)has been annulled F47[or dissolved] under the law of the State, or

(ii)has been annulled or dissolved under the law of a country or jurisdiction other than the State and is, by reason of that annulment or divorce, not or no longer a subsisting valid marriage under the law of the State,

an application under this section shall not be made by either of the spouses more than 3 years after the date of the annulment or divorce.

(b)Where a marriage is void but has not been so declared under the law of the State or another state, an application shall not be made under this section by either of the spouses more than 3 years after the parties have ceased to be ordinarily resident together.

(8)In this section references to a spouse include references to—

(a)a personal representative of a deceased spouse,

(b)either of the parties to a void marriage, whether or not it has been declared to be void under the law of the State or a country or jurisdiction other than the State,

(c)either of the parties to a voidable marriage that has been annulled under the law of the State,

F47[(cc)either of the parties to a marriage that has been dissolved under the law of the State,]

(d)either of the parties to a marriage that has been annulled under the law of another state and that is, by reason of the annulment, not a subsisting valid marriage under the law of the State, and

(e)either of the parties to a marriage that has been dissolved under the law of another state and that is, by reason of the divorce, no longer a subsisting valid marriage under the law of the State.

37. Payments to be made without deduction of income tax.

37.—F48[…]

38. Jurisdiction of courts and venue.

38.—(1)Subject to the provisions of this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act and shall, in relation to that jurisdiction, be known as the Circuit Family Court.

(2)Subject to the other provisions of this section, the Circuit Family Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings for a decree of nullity.

(3)Where the F49[market value] of any land to which proceedings in the Circuit Family Court under this Act relate exceeds F49[€3,000,000] that Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.

F50[(4)The jurisdiction conferred on the Circuit Family Court by this Act may be exercised—

(a)F51[…]

(b)F51[…]by the judge of the circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.]

(5)F52[…]

(6)Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.

(7)In proceedings under section 8, 9, 10 (1) (a), 11, 12, 13, 14, F53[15A,] 18, 23 or 25—

(a)each of the spouses concerned shall give to the other spouse and to, or to a person acting on behalf of, any dependent member of the family concerned, and

(b)any dependent member of the family concerned shall give to, or to a person acting on behalf of, any other such member and to each of the spouses concerned,

such particulars of his or her property and income as may reasonably be required for the purposes of the proceedings.

(8)Where a person fails or refuses to comply with subsection (7), the court, on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.

F54[(9) In this section "market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]

39. Exercise of jurisdiction by court in relation to nullity.

39.—(1)The court may grant a decree of nullity if, but only if, one of the following requirements is satisfied:

(a)either of the spouses concerned was domiciled in the State on the date of the institution of the proceedings concerned,

(b)either of the spouses was ordinarily resident in the State throughout the period of one year ending on that date,

(c)either of the spouses died before that date and—

(i)was at the time of death domiciled in the State, or

(ii)had been ordinarily resident in the State throughout the period of one year ending on that date.

(2)Where proceedings are pending in a court in respect of an application for the grant of a decree of nullity or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court, notwithstanding section 31 (4) of the Act of 1989, shall have jurisdiction to determine an application for the grant of a decree of judicial separation in respect of the marriage concerned.

40. Notice of proceedings under Act.

40.—Notice of any proceedings under this Act shall be given by the person bringing the proceedings to—

(a)the other spouse concerned or, as the case may be, the spouses concerned, and

(b)any other person specified by the court.

41. Secured maintenance orders.

41.—Where, in proceedings under any other Act, the court or the District Court makes or has made an order providing for the payment—

(a)by a spouse to the other spouse of periodical payments for the support or maintenance of F55[that other spouse,]

(b)by a parent to the other parent or to another person specified in the order of periodical payments for the support or maintenance of a child—

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

(ii)of either parent or adopted by either parent under those Acts or in relation to whom either parent is in loco parentis where the other parent being aware that he or she is not the parent of the child has treated the child as a member F55[of the family, or]

F56[(c) by a cohabitant to a parent of the child, or to another person specified in the order, of periodical payments for the support of a child,]

the court by which the order was made may in those proceedings or subsequently, on application to it by any person having an interest in the proceedings, F55[order the person liable] to make the payments under the order to secure them to the other spouse or parent or the other person specified in the order to the satisfaction of the court.

42. Lump sum maintenance orders.

42.—(1)Where, in proceedings under any other Act, an order providing for the periodical payments referred to in F57[paragraph (a),(b)or(c)ofsection 41] would, apart from this section, fall to be made, the court may in addition to, or instead of such an order, make an order providing for the making by the person concerned to the person concerned of a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be specified in the order.

(2)The amount or aggregate amount of a lump sum payment or of lump sum payments to a person under an order under this section shall be—

(a)if the order is instead of an order for the making of periodical payments to the person, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and

(b)if the first-mentioned order is in addition to an order for the making of periodical payments to the person, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.

F58[(2A) Where the court makes an order undersubsection (1)that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.]

(3)In this section “the court” includes the District Court.

(4) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed F59[€15,000.]

43. Amendment of Act of 1976.

43.—The Act of 1976 is hereby amended by—

(a)in section 3—

(i)in the definition of “antecedent order”, the substitution of the following paragraphs for paragraph (j):

and

F60[(ii)in the definition of "dependent child" the substitution of "18" for "sixteen" and "23" for "twenty-one", and]

(b)in section 6 (3), the substitution of “18” for “sixteen” and “23” for “twenty-one”,

(c)the insertion of the following section after section 8A (inserted by the Status of Children Act, 1987):

(d)in section 10—

(i)the insertion of the following subsection after subsection (1):

(iii)the substitution for subsection (3) of the following subsection:

and

F61[(e)in section 23, after subsection (2), the insertion of the following subsections:

"(3) In proceedings under this Act—

(a)each of the spouses concerned shall give to the other spouse and to, or to a person acting on behalf of, any dependent member of the family concerned, and

(b)any dependent member of the family concerned shall give to, or to a person acting on behalf of, any other such member and to each of the spouses concerned,

such particulars of his or her property and income as may reasonably be required for the purpose of the proceedings.

(4)Where a person fails or refuses to comply with subsection (3), the Court, on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.".]

44. Discharge of orders under Act of 1976.

44.—Where, while a maintenance order, an order varying a maintenance order, or an interim order, under the Act of 1976 is in force, an application is made to the court by a spouse to whom the order aforesaid relates for an order granting a decree of judicial separation or an order under Part II or III, the court may by order discharge the order aforesaid under the Act of 1976 as on and from such date as may be specified in the order.

45. Amendment of Maintenance Act, 1994.

45.—The Maintenance Act, 1994, is hereby amended—

(a)in section 3, in subsection (1), by the insertion of the following definition:

(b)in section 4, in subsection (2) (a), by the insertion of “, 1995” after “(as amended by this Act)”,

(c)in section 14—

(i)in subsection (1) (c), by the substitution of the following subparagraph for subparagraph (i):

(ii)in subsection (3), by the insertion after “1976” of “or a relief order within the meaning of the Act of 1995, as may be appropriate”, and

(iii)in subsection (4), by the substitution of the following paragraph for paragraph (e):

46. Custody of dependent members of the family after decree of nullity.

46.—Where the court makes an order for the grant of a decree of nullity, it may declare either of the spouses concerned to be unfit to have custody of any dependent member of the family who is a minor and, if it does so and the spouse to whom the declaration relates is a parent of any dependent member of the family who is a minor, that spouse shall not, on the death of the other spouse, be entitled as of right to the custody of that minor.

47. Social reports in family law proceedings.

47.—(1)In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from—

(a)such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,

F62[(b) such person nominated by theF63[Child and Family Agency]specified in the order as theF63[Child and Family Agency]may nominate, being a person who in its opinion is suitably qualified for the purpose, or]

(c)any other person specified in the order.

(2)In deciding whether or not to make an order under subsection (1), the court shall have regard to any submission made to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate.

(3)A copy of a report under subsection (1) shall be given to the parties to the proceedings concerned and (if he or she is not a party to the proceedings) to the person to whom it relates and may be received in evidence in the proceedings.

(4)The fees and expenses incurred in the preparation of a report under subsection (1) shall be paid by such parties to the proceedings concerned and in such proportions, or by such party to the proceedings, as the court may determine.

(5)The court or a party to proceedings to which this section applies may call as a witness in the proceedings a person who prepared a report under subsection (1) pursuant to an order under that subsection in those proceedings.

(6)F64[This section] applies to proceedings—

(a)under the Act of 1964,

(b)under the Act of 1976,

(c)under the Family Home Protection Act, 1976,

F65[(d) under the Act of 2018,]

(e)under the Status of Children Act, 1987,

(f)under the Act of 1989,

(g)under the Child Abduction and Enforcement of Custody Orders Act, 1991,

(h)in relation to an application for a decree of nullity, and

(i)under this Act.

(7)F66[…]

48. Property of engaged couples.

48.—For the avoidance of doubt, it is hereby declared that the reference in section 5 (1) of the Family Law Act, 1981, to 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 relate and be deemed always to have related only to the rules of law for the determination of disputes between spouses, or a claim by one of them, in relation to the beneficial ownership of property in which either or both of them has or have a beneficial interest and, in particular, does not relate, and shall be deemed never to have related, to the rules of law relating to the rights of spouses under the Act of 1965, the Family Home Protection Act, 1976, the Act of 1989 or this Act.

49. Income tax treatment of persons divorced outside State.

49.—F67[…]

50. Exemption of certain transfers from stamp duty.

50.—F68[…]

51. Exemption of certain transfers from capital acquisitions tax.

51.—F69[…]

52. Capital gains tax treatment of certain disposals by spouses.

52.—F70[…]

53. Abatement and postponement of probate tax on property the subject of an order under section 25.

53.—F71[…]

54. Amendment of Family Home Protection Act, 1976, and Act of 1989.

54.—(1)The Family Home Protection Act, 1976, is hereby amended—

(a)in section 2, by the substitution of the following subsection for subsection (2):

(b)in section 3—

(i)by the substitution in subsection (1) of “subsections (2), (3) and (8)” for “subsections (2) and (3)”, and

(ii)by the insertion of the following subsections after subsection (7):

(c)in section 10, by the substitution of the following subsection for subsection (5)—

(2)The amendment effected by subsection (1) (a) does not apply in relation to—

(a)any conveyances referred to in section 3 of the Family Home Protection Act, 1976, the dates of which are,

(b)any proceedings under or referred to in that Act which are instituted,

(c)any thing referred to in section 6 of that Act which is done, and

(d)any transactions referred to in section 14 of that Act which occur,

before the commencement of this section.

(3)Where a court, when granting a decree of judicial separation under the Act of 1989, orders that the ownership of the family home shall be vested in one of the spouses, it shall, unless it sees reason to the contrary, order that section 3 (1) (prior consent of spouse to conveyance of interest in family home) of the Family Home Protection Act, 1976, shall not apply to any conveyance by that spouse of an interest in the home and, if the court so orders, the said section 3 (1) shall have effect accordingly.

55. Amendment of Child Abduction and Enforcement of Custody Orders Act, 1991.

55.—Section 2 of the Child Abduction and Enforcement of Custody Orders Act, 1991, shall be amended as follows: