Hide Nav Show Nav
SOLR_PROP

Family Law (Divorce) Act, 1996

../../../../../images/harp.jpg


Number 33 of 1996


FAMILY LAW (DIVORCE) ACT, 1996


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Repeal.

4.

Expenses.

PART II

The Obtaining of a Decree of Divorce

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.

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

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

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

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.

../../../../../images/harp.jpg


Number 33 of 1996


FAMILY LAW (DIVORCE) ACT, 1996


AN ACT TO MAKE PROVISION FOR THE EXERCISE BY THE COURTS OF THE JURISDICTION CONFERRED BY THE CONSTITUTION TO GRANT DECREES OF DIVORCE, TO ENABLE THE COURTS TO MAKE CERTAIN PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR DIVORCE, TO PROVIDE, AS RESPECTS TRANSFERS OF PROPERTY OF DIVORCED SPOUSES, FOR THEIR EXEMPTION FROM, OR FOR THE ABATEMENT OF, CERTAIN TAXES (INCLUDING STAMP DUTY) AND TO PROVIDE FOR RELATED MATTERS. [27th November, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: