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Divorce…Irish style  July 1, 2016

Posted by WorldbyStorm in Uncategorized.
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I’ve got to admit to great sympathy for the following:

A private members’ Bill will be brought to the the Dáil next week by Fine Gael TD Josepha Madigan and is likely to be debated in the autumn.

The Bill has the blessing of both the Taoiseach and Minister for Justice, according to Ms Madigan.

Basically the referendum in 1996 saw a four year period of separation necessary to have  divorce granted. Many of us would consider that four year period grossly unfair. I know from people who have been through the process just how intrusive it is, how it puts their lives on hold for a prolonged period. If it were up to me I’d knock it down to six months or a year.

Madigan is looking at two years which I still think inadequate.

Anyhow, all this would have to go to a referendum.

If the Bill passes, a constitutional referendum would then be necessary to reduce the waiting time for a divorce.

A 1996 amendment which deleted the long-standing constitutional ban on divorce replaced it with detailed restrictions on when divorce could be available to estranged couples.

If it comes to this it will be interesting to see who contests the proposal (for being too liberal).

Comments»

1. oliverbohs - July 1, 2016

If there is anybody out there with a bit of expertise in these things who could explain why in God’s name this needs to go to a referendum… I know there is a Referendum Commission out there, and thanks to Simon Harris et al I know that being “unconstitutional” is an excellent fig leaf to hide behind… like I say, I am ignorant in such things so I’m open to anything that sounds plausible…

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Liberius - July 1, 2016

The 15th Amendment to the Constitution states:

A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that—

i. at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years,

ii. there is no reasonable prospect of a reconciliation between the spouses,

iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and

iv. any further conditions prescribed by law are complied with.

It’s written into the constitution and the constitution can only be changed by referendum.

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2. lamentreat - July 1, 2016

I know people have to have a sense of specifics when voting in a referendum (see recent events…;)), but it seems absurd to put that much detail into the constitution.

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WorldbyStorm - July 1, 2016

Four years. There’s a certain brutality to four years.

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