Family Law (Divorce) Act 1996

PART III

Preliminary and Ancillary Orders in or after Proceedings for Divorce

Annotations:

Amendments:

F9

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 47(b), S.I. No. 532 of 2018.

Editorial Notes:

E6

Certain gifts or inheritances taken by virtue or in consequence of order made under Part confirmed exempt from capital acquisitions tax (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 88(1) and (2)(d), commenced on enactment, as substituted (1.01.2011) by Finance (No. 3) Act 2011 (18/2011), s. 3 and sch. 3 item 21, commenced as per s. 5(8)(e).

E7

Certain transactions between spouses pursuant to an order under Part confirmed exempt from stamp duty (15.12.1999) by Stamp Duties Consolidation Act 1999 (31/1999), s. 97, commenced on enactment, as amended (10.02.2000) by Finance Act 2000 (3/2000), s. 131, commenced as per s. 131(2), and as amended (1.01.2011) by Finance (No. 3) Act 2011 (18/2011), s. 2 and sch. 2 items 7-11, commenced as per s. 5(8)(d).

E8

Certain disposals made by virtue or in consequence of an order made under Part or following a decree of divorce confirmed exempt from capital gains tax (1997-1998 onwards) by Taxes Consolidation Act 1997 (39/1997), s. 1031, commenced as per s. 1097(1)(c), as amended (7.12.2005) by Finance Act 2006 (6/2006), s. 75(1)(c), commenced as per s. 75(2).

E9

Previous affecting provision: certain gifts or inheritances taken by virtue or in consequence of an order made under Part confirmed exempt from capital acquisitions tax (10.05.1997) by Finance Act 1997 (22/1997), s. 142(1) and (2)(d), commenced on enactment; superseded (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 88(1) and (2)(d), commenced on enactment, as substituted (1.01.2011) by Finance (No. 3) Act 2011 (18/2011), s. 3 and sch. 3 item 21, commenced as per s. 5(8)(e).

Preliminary orders in proceedings for divorce.

11

11.Where an application is made to the court for the grant of a decree of divorce, the court, before deciding whether to grant or refuse to grant the decree, may, in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the following orders—

F9 [ ( a ) a safety order, barring order, interim barring order or protection order under the Act of 2018, ]

( b) an order under section 11 of the Act of 1964,

( c) an order under section 5 or 9 of the Family Home Protection Act, 1976.

Annotations:

Amendments:

F9

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 47(b), S.I. No. 532 of 2018.

Editorial Notes:

E10

Power granted to Court, in proceedings relating to subs. (b), to direct the HSE to undertake an investigation of a child’s circumstances by Child Care Act 1991 (17/1991), s. 20(1), as substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 1(2).