Family Law Act 1981

Property of engaged couples.

5

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.

Annotations:

Modifications (not altering text):

C1

Application of subs. (1) clarified (1.08.1996) by Family Law Act 1995 (26/1995), s. 48, S.I. No. 46 of 1996.

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.

Editorial Notes:

E6

Married Women’s Status Act 1957 (5/1957), s. 12 mentioned in subs. (2) above was repealed (1.08.1996) by Family Law Act 1995 (26/1995), s. 3(1) and sch., S.I. No. 46 of 1996, subject to transitional provisions in subs. (2).