FAMILY LAW ACT 1995


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 18 January 2016


This Revised Act is an administrative consolidation of the Family Law Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016), made 12 January 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 18 January 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Finance (No. 3) Act 2011 (18/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Adoption Act 2010 (21/2010)

Fines Act 2010 (8/2010)

Land and Conveyancing Law Reform Act 2009 (27/2009)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Social Welfare and Pensions Act 2008 (2/2008)

Finance Act 2006 (6/2006)

Health Act 2004 (42/2004)

Civil Liability and Courts Act 2004 (31/2004)

Civil Registration Act 2004 (3/2004)

Capital Acquisitions Tax Consolidation Act 2003 (1/2003)

Pensions (Amendment) Act 2002 (18/2002)

Courts and Courts Officers Act 2002 (15/2002)

Finance Act 2000 (3/2000)

Stamp Duties Consolidation Act 1999 (31/1999)

Taxes Consolidation Act 1997 (39/1997)

Finance Act 1997 (22/1997)

Family Law (Miscellaneous Provisions) Act 1997 (18/1997)

Family Law (Divorce) Act 1996 (33/1996)

Pensions (Amendment) Act 1996 (18/1996)

Domestic Violence Act 1996 (1/1996)

Pensions Act 1990 (25/1990)

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Land Registration Rules 2012 (S.I. No. 483 of 2012)

Pension Schemes (Family Law) (Amendment) Regulations 2012 (S.I. No. 254 of 2012)

Occupational Pension Schemes (Disclosure of Information) (Amendment) (No. 3) Regulations 2012 (S.I. No. 203 of 2012)

Registration of Deeds Rules 2009 (S.I. No. 350 of 2009)

Land Registration Rules 2009 (S.I. No. 349 of 2009)

Registration of Deeds Rules 2008 (S.I. No. 52 of 2008)

Trust Racs (Disclosure of Information) Regulations 2007 (S.I. No. 182 of 2007)

Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006)

Occupational Pension Schemes (Disclosure Of Information) Regulations 2005 (S.I. No. 633 of 2005)

European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2005 (S.I. No. 112 of 2005)

European Communities (Judgments in Matrimonial Matters and Matters of Parental Responsibility) Regulations 2001 (S.I. No. 472 of 2001)

Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 (S.I. No. 349 of 1998)

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

Pension Schemes (Family Law)Regulations 1997 (S.I. No. 107 of 1997)

Occupational Pension Scheme (Family Law Act, 1995) Regulations 1997 (S.I. No. 64 of 1997)

Order Entitled Family Law Act 1995 (Commencement) Order 1996 (S.I. No. 46 of 1996)

All statutory instruments up to and including Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016), made 12 January 2016, were considered in the preparation of this revision.


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 18 January 2016


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Repeals.

4.

Expenses.

PART II

Preliminary and Ancillary Orders in or after Proceedings for Judicial Separation

5.

Application ( sections 6 to 14 ).

6.

Preliminary orders in proceedings for judicial separation.

7.

Maintenance pending suit orders.

8.

Periodical payments and lump sum orders.

9.

Property adjustment orders.

10.

Miscellaneous ancillary orders.

11.

Financial compensation orders.

12.

Pension adjustment orders.

13.

Preservation of pension entitlements after judicial separation.

14.

Orders extinguishing succession rights on judicial separation.

15.

Orders for sale of property.

15A.

Orders for provision for spouse out of estate of other spouse.

16.

Provisions relating to certain orders under sections 7 to 13 and 18 .

17.

Retrospective periodical payments orders.

18.

Variation, etc., of certain orders under this Part.

19.

Restriction in relation to orders for benefit of dependent members of the family.

20.

Transmission of periodical payments through District Court clerk.

21.

Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

22.

Amendment of Enforcement of Court Orders Act, 1940.

PART III

Relief after Divorce or Separation Outside State

23.

Relief orders where marriage dissolved, or spouses legally separated outside State.

24.

Maintenance pending relief orders.

25.

Orders for provision for spouse out of estate of other spouse.

26.

Appropriateness of making relief orders in State.

27.

Jurisdiction of court to make relief orders.

28.

Restriction of jurisdiction of court to make relief orders.

PART IV

Declarations as to Marital Status

29.

Declarations as to marital status.

30.

Provisions supplementary to section 29 .

PART V

Marriage

31.

Age of marriage.

32.

Notification of intention to marry.

33.

Exemption of certain marriages from sections 31 (1) and 32 (1).

34.

Abolition of right to petition for jactitation of marriage.

PART VI

Miscellaneous

35.

Powers of court in relation to transactions intended to prevent or reduce relief.

36.

Determination of questions between spouses in relation to property.

37.

Payments to be made without deduction of income tax.

38.

Jurisdiction of courts and venue.

39.

Exercise of jurisdiction by court in relation to nullity.

40.

Notice of proceedings under Act.

41.

Secured maintenance orders.

42.

Lump sum maintenance orders.

43.

Amendment of Act of 1976.

44.

Discharge of orders under Act of 1976.

45.

Amendment of Maintenance Act, 1994.

46.

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

47.

Social reports in family law proceedings.

48.

Property of engaged couples.

49.

Income tax treatment of persons divorced outside State.

50.

Exemption of certain transfers from stamp duty.

51.

Exemption of certain transfers from capital acquisitions tax.

52.

Capital gains tax treatment of certain disposals by spouses.

53.

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

54.

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

55.

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

SCHEDULE

Enactments Repealed


Number 26 of 1995


FAMILY LAW ACT 1995

REVISED

Updated to 18 January 2016


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE JURISDICTION OF THE COURTS TO MAKE PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR JUDICIAL SEPARATION, TO ENABLE SUCH ORDERS TO BE MADE IN CERTAIN CASES WHERE MARRIAGES ARE DISSOLVED, OR AS RESPECTS WHICH THE SPOUSES BECOME JUDICIALLY SEPARATED, UNDER THE LAW OF ANOTHER STATE, TO MAKE FURTHER PROVISION IN RELATION TO MAINTENANCE UNDER THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976, AND IN RELATION TO MARRIAGE AND TO PROVIDE FOR CONNECTED MATTERS. [2 nd October, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Certain functions in relation to Act transferred (1.01.2014, establisment day) by Child and Family Agency Act 2013, ss. 6, 82 and sch. 1, S.I. Nos. 502 and 503 of 2013.

Transfer of certain functions of Health Service Executive

82.—(1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

...

Family Law Act 1995

...

C2

Functions transferred and references to “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

4. (1) The functions vested in the Minister for Equality and Law Reform

( a ) by or under any of the Acts mentioned in the Schedule to this Order, and

( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 34 of 1993).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.

...

SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.

...

Family Law Act 1995 (No. 26 of 1995)

...

Editorial Notes:

E1

Rights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

E2

Central Authority authorised to act on behalf of a maintenance creditor under Act by Maintenance Act 1994 (28/1994), s. 4(2)(a); as substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(2), S.I. No. 353 of 1999; and substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(1)(b), commenced on enactment.

E3

Certain disposals made by virtue or in consequence of certain orders made under Act confirmed exempt from capital gains tax (1997-1998 onwards) by Taxes Consolidation Act 1997 (39/1997), s. 1030, commenced as per s. 1097(1)(c); as amended (10.02.2000) by Finance Act 2000 (3/2000), s. 88(1), commenced as per s. 88(2); and as amended (7.12.2005) by Finance Act 2006 (6/2006), s. 75(1)(b), commenced as per s. 75(2).

E4

Exemption from deduction of income tax for payments made pursuant to an order under Act (other than under s. 12) provided (from year 1997-1998) by Taxes Consolidation Act 1997 (39/1997), s. 1027, commenced as per s. 1097.