Next (PART I The obtaining of a Decree of Separation)

6 1989

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Number 6 of 1989


JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989


ARRANGEMENT OF SECTIONS

PART I

The obtaining of a Decree of Separation

Section

1.

Definition.

2.

Application for a decree of judicial separation.

3.

Grant of decree of judicial separation, custody, etc. of children.

4.

Supplemental provisions as to proof of adultery and unreasonable behaviour.

5.

Safeguards to ensure applicant's awareness of alternatives to separation proceedings and to assist attempts at reconciliation.

6.

Safeguards to ensure respondent's awareness of alternatives to separation proceedings and to assist attempts at reconciliation.

7.

Adjournment of proceedings to assist reconciliation or agreements on separation.

8.

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

9.

Abolition of decree of divorce a mensa et thoro, etc.

PART II

Ancillary Financial, Property, Custody and Other Orders

10.

Definitions (Part II).

11.

Preliminary orders in judicial separation proceedings.

12.

Making of applications for preliminary orders.

13.

Maintenance pending suit, etc.

14.

Periodical payments and lump sum orders.

15.

Property adjustment orders.

16.

Miscellaneous ancillary orders.

17.

Order extinguishing succession rights.

18.

Orders for sale of property.

19.

Additional family home jurisdiction.

20.

Provisions relating to maintenance, property and other orders.

21.

Retrospective maintenance orders.

22.

Variation and discharge of financial and property orders.

23.

Child maintenance.

24.

Transmission of periodical payments through District Court clerk.

25.

Amendment of section 3 of Family Law (Maintenance of Spouses and Children) Act, 1976.

26.

Payments to be made without deduction of income tax.

27.

Application of maintenance and periodical payments orders to men of Defence Forces.

28.

Amendment of Enforcement of Court Orders Act, 1940.

29.

Voidance of transactions intended to prevent or reduce financial relief.

PART III

Court Jurisdiction

30.

Definition (Part III).

31.

Courts, jurisdiction and venue.

32.

Hearing of proceedings.

33.

Conduct of family proceedings in Circuit and High Courts.

34.

Privacy.

35.

Costs.

36.

Rules of court.

PART IV

Miscellaneous

37.

Saver for existing law.

38.

Amendment of sections 5 and 6 of Family Law (Maintenance of Spouses and Children) Act, 1976.

39.

Discharge of orders under Family Law (Maintenance of Spouses and Children) Act, 1976.

40.

Reports on children in guardianship cases.

41.

Custody of dependent children.

42.

Amendment of section 120 (2) of Succession Act, 1965.

43.

Divorce a mensa et thoro decrees and alimony orders.

44.

Collusion, condonation, recrimination, connivance.

45.

Conduct of District Court family proceedings.

46.

Short title and commencement.


Acts Referred to

Adoption Acts, 1952 to 1988

Defence Act, 1954

1954, No. 18

Enforcement of Court Orders Act, 1940

1940, No. 23

Family Home Protection Act, 1976

1976, No. 27

Family Law Act, 1981

1981, No. 22

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11

Family Law (Protection of Spouses and Children) Act, 1981

1981, No. 21

Guardianship of Infants Act, 1964

1964, No. 7

Legitimacy Declaration Act (Ireland), 1868

1868, c. 20

Married Women's Status Act, 1957

1957, No. 5

Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870

1870, c. 110

Partition Act, 1868

1868, c. 40

Partition Act, 1876

1876, c. 17

Status of Children Act, 1987

1987, No. 26

Succession Act, 1965

1965, No. 27

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Number 6 of 1989


JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989


AN ACT TO AMEND THE GROUNDS FOR JUDICIAL SEPARATION: TO FACILITATE RECONCILIATION BETWEEN ESTRANGED SPOUSES: TO PROVIDE FOR THE MAKING OF ANCILLARY ORDERS IN SEPARATION PROCEEDINGS: TO AMEND THE LAW RELATING TO THE COURTS' FAMILY LAW JURISDICTION AND TO PROVIDE FOR CONNECTED MATTERS. [19th April, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: