Judicial Separation and Family Law Reform Act, 1989


Ancillary Financial, Property, Custody and Other Orders

Definitions ( Part II ).

10.—In this Part, save where the context otherwise requires—

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property otherwise than by a will or a donatio mortis causa and also includes an enforceable agreement (whether conditional or unconditional) to make any such conveyance;

“dependent child of the family” in relation to a spouse or spouses means any child—

(a) of both spouses or adopted by both spouses under the Adoption Acts, 1952 to 1988 or in relation to whom both spouses are in loco parentis, or

(b) of either spouse or adopted by either spouse under the Adoption Acts, 1952 to 1988 or in relation to whom either spouse is in loco parentis where the other spouse being aware that he is not the parent of the child has treated the child as a member of the family,

who is under the age of 16 years or if he has attained that age—

(i) is or will be or if an order were made under this Act providing for periodical payments for his support or for the provision of a lump sum would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 21 years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him to maintain himself fully;

“dwelling” means—

(a) any building, or

(b) any structure, vehicle or vessel (whether mobile or not),

or part thereof, occupied as a separate dwelling and includes any garden or portion of ground attached to and usually occupied with the dwelling or otherwise required for the amenity and convenience of the dwelling;

“family home” means, primarily, a dwelling in which a married couple ordinarily reside and comprises, in addition, a dwelling in which a spouse whose protection is in issue ordinarily resides or, if that spouse has left the other spouse, ordinarily resided before so leaving;

“household chattels” means furniture, bedding, linen, china, earthenware, glass, books and other chattels of ordinary household use or ornament and also consumable stores, garden effects and domestic animals but does not include any chattels used by either spouse for business or professional purposes or money or security for money.