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Minister seeks to take Divorce out of the Constitution

By November 26, 2018June 26th, 2024No Comments


Minister seeks to take Divorce out of the Constitution

The Minister for Arts Josepha Madigan who is an experienced Family Law Solicitor had previously sought all parties support for a change to the Constitutional requirement that parties must be living separate and apart for four years before they can apply for a Divorce. The proposal was to reduce this waiting period for Divorce from four years to two.

The Minister is now seeking all party support to repeal Article 41.3.2 in its entirety on that basis that Divorce would be dealt with by way of legislation only.

Only time will tell whether this significant change to the manner in which Divorce is dealt with in this country will be received. Even if it does not receive all party’s support it is hoped that the time frame for allowing parties to apply for a Divorce will go ahead next May as proposed and reduce the time frame from 4 years to 2 years.

If you require any information or advice in any Family Law Matter please do not hesitate to contact Brendan Dillon at 01-2960666 or