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Family Law (Divorce) Act, 1996 (No. 33)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-4)1. Short title and commencement.2. Interpretation.3. Repeal.4. Expenses.Part II The Obtaining of a Decree of Divorce (ss. 5-10)5. Grant of decree of divorce and custody etc., of children.6. Safeguards to ensure applicant's awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.6A. Safeguards to ensure awareness of alternatives to divorce proceedings where application made jointly by both spouses and to assist attempts at reconciliation.7. Safeguards to ensure respondent's awareness of alternatives to divorce proceedings and to assist attempts at reconciliation.8. Adjournment of proceedings to assist reconciliation or agreements on the terms of the divorce.9. Non-admissibility as evidence of certain communications relating to reconciliation, separation or divorce.10. Effect of decree of divorce.Part III Preliminary and Ancillary Orders in or after Proceedings for Divorce (ss. 10A-30)10A. Joint application for ancillary orders.11. Preliminary orders in proceedings for divorce.12. Maintenance pending suit orders.13. Periodical payments and lump sum orders.14. Property adjustment orders.15. Miscellaneous ancillary orders.16. Financial compensation orders.17. Pension adjustment orders.18. Orders for provision for spouse out of estate of other spouse.19. Orders for sale of property.20. Provisions relating to certain orders under sections 12 to 18 and 22.21. Retrospective periodical payments orders.22. Variation, etc., of certain orders under this Part.23. Restriction in relation to orders for benefit of dependent members of family.24. Method of making payments under certain orders.25. Stay on certain orders the subject of appeal.26. Orders under Acts of 1976, 1989 and 1995.27. Amendment of section 3 of Act of 1976.28. Transmission of periodical payments through District Court clerk.29. Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.30. Amendment of Enforcement of Court Orders Act, 1940.Part IV Income Tax, Capital Acquisitions Tax, Capital Gains Tax, Probate Tax and Stamp Duty (ss. 31-36)31. Payments to be made without deduction of income tax.32. Income tax treatment of divorced persons.33. Exemption of certain transfers from stamp duty.34. Exemption of certain transfers from capital acquisitions tax.35. Capital gains tax treatment of certain disposals by divorced persons.36. Abatement and postponement of probate tax on property the subject of an order under section 18.Part V Miscellaneous (ss. 37-53)37. Powers of court in relation to transactions intended to prevent or reduce relief.38. Jurisdiction of courts and venue.39. Exercise of jurisdiction by court in relation to divorce.40. Notice of proceedings under Act.41. Custody of dependent members of family after decree of divorce.42. Social reports in family law proceedings.43. Cost of mediation and counselling services.44. Determination of questions between persons formerly engaged to each other in relation to property.45. Amendment of Act of 1989.46. Amendment of Act of 1965.47. Amendment of Pensions Act, 1990.48. Amendment of Criminal Damage Act, 1991.49. Amendment of Criminal Evidence Act, 1992.50. Amendment of Powers of Attorney Act, 1996.51. Amendment of Act of 1996.52. Amendment of Act of 1995.53. Amendment of Maintenance Act, 1994.
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2019 - onwards
Version 3 of 3

5. Grant of decree of divorce and custody etc., of children.

<p>Amendments (requiring commencement) by s. 83 of the <a href="[docid:767443]">Family Courts Act 2024 (No. 48)</a>, published 13 November 2024.</p>

<ul>
<li><a href="[docid:767443]">Family Courts Act 2024</a></li>
<li><a href="[docid:707435]">Family Courts Bill 2022 (enacted 13 November 2024)</a></li>
</ul>

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(1) Subject to the provisions of this Act, where, on application to it in that behalf by either of the spouses concerned, the court is satisfied that -

(a) at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years,

(b) there is no reasonable prospect of a reconciliation between the spouses, and

(c) such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any dependent members of the family,

the court may, in exercise of the jurisdiction conferred by Article 41.3.2° of the Constitution, grant a decree of divorce in respect of the marriage concerned.

(1A) For the purposes of this section -

(a) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship, and

(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.

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