Judicial Separation and Family Law Reform Act 1989

Effect of judicial separation and rescission of decree of separation and ancillary orders upon reconciliation.


8.(1) Where the court grants a decree of judicial separation it shall no longer be obligatory for the spouses who were the parties to such proceedings to cohabit.

(2) Following the granting of a decree of judicial separation the applicant and the respondent in the separation proceedings may at any future date by consent apply to the court to rescind the decree of separation granted and such order of rescission shall be made by the court upon it being satisfied that a reconciliation has taken place between the applicant and the respondent and that they have already resumed or again wish to resume cohabiting as F10[spouses of each other].

(3) Upon making an order of rescission under subsection (2) of this section the court may also make such necessary ancillary order or orders as it deems proper in the circumstances with regard to any orders previously made under Part II of this Act.




Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 19, S.I. No. 504 of 2015.