Family Law (Maintenance of Spouses and Children) Act 1976

Orders in respect of certain marital agreements.

8

8.—Where—

(a) the parties to a marriage enter into an agreement in writing (including a separation agreement) after the commencement of this Act that includes either or both of the following provisions, that is to say—

(i) a provision whereby one spouse undertakes to make periodical payments towards the maintenance of the other spouse or of any dependent children of the family or of both that other spouse and any dependent children of the family,

(ii) a provision governing the rights and liabilities of the spouses towards one another in respect of the making or securing of payments (other than payments specified in paragraph (a) (i) of this section), or the disposition or use of any property, and

(b) an application is made by one or both of the spouses to the High Court or the F36[Circuit Court or, in relation to an agreement other than a separation agreement, the District Court] for an order making the agreement a rule of court,

the Court may make such an order if it is satisfied that the agreement is a fair and reasonable one which in all the circumstances adequately protects the interests of both spouses and the dependent children (if any) of the family, and such order shall, in so far as it relates to a provision specified in paragraph (a) (i) of this section, be deemed, for the purpose of section 9 and Part III of this Act, to be a maintenance order.

Annotations

Amendments:

F36

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 15(a), commenced as per s. 1(2).

Modifications (not altering text):

C34

Application of section modified by Guardianship of Infants Act 1964 (7/1964), s. 30(3) and (4); as inserted (9.01.1998) by Children Act 1997 (40/1997), s. 11, commenced as per s. 1(2).

Jurisdiction.

30. — ...

(3) Where an application is made to the court for an order under section 24, the court may, in the same proceedings, if it appears to it to be proper to do so, make an order under section 8 or 8A of the Act of 1976 without the institution of proceedings under that Act.

(4) Where an application is made to the court for an order under section 8 or 8A of the Act of 1976, the court may, in the same proceedings, if it appears to it to be proper to do so, make an order under section 24 without the institution of proceedings under this Act.

C35

Application of section extended (25.11.1995) by Maintenance Act 1994 (28/1994), s. 14(10), S.I. No. 288 of 1995.

Application for maintenance from designated jurisdiction.

14. — ...

(10) Section 8 and section 8A (inserted by the Status of Children Act, 1987) of the Act of 1976 shall apply and have effect in relation to any agreement in writing which contains a provision mentioned in paragraph (a) of either section and is made—

(a) between a claimant and respondent, notwithstanding that one of them may at the time of the making of the agreement be resident outside the State, and

(b) between a respondent and a person or body in the State where such a person or body has been authorised to enter into such an agreement on behalf of the claimant,

and an application may be made by the Central Authority to the Circuit Court under paragraph (b) of either section for an order making such an agreement a rule of court.

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