Family Law (Divorce) Act 1996

Amendment of Criminal Damage Act, 1991.

48

48.Section 1 (3) of the Criminal Damage Act, 1991, is hereby amended—

(a) in paragraph (a), by the insertion after “1976,” of the following:

“or a dwelling, within the meaning of section 2 (2) of the Family Home Protection Act, 1976, as amended by section 54 (1) (a) of the Family Law Act, 1995, in which a person, who is a party to a marriage that has been dissolved under the Family Law (Divorce) Act, 1996, or under the law of a country or jurisdiction other than the State, being a divorce that is entitled to be recognised as valid in the State, ordinarily resided with his or her former spouse, before the dissolution”,

and

(b) in paragraph (b), by the substitution of the following subparagraph for subparagraph (i):

“(i) is the spouse of a person who resides, or is entitled to reside, in the home or is a party to a marriage that has been dissolved under the Family Law (Divorce) Act, 1996, or under the law of a country or jurisdiction other than the State, being a divorce that is entitled to be recognised as valid in the State, and”.