IE
(LRC Revised)
Statutory Text (1 Articles)
Number 6 of 1989
JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT 1989
REVISED
Updated to 1 August 2022
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Judicial Separation and Family Law Reform Act 1989
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Electoral Reform Act 2022
(30/2022), enacted 25 July 2022, and all statutory instruments up to and including
the
European Union (Decisions in Matrimonial Matters and in Matters of Parental
Responsibility and International Child Abduction) Regulations 2022
(S.I. No. 400
of 2022), made 31 July 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
6
of
1989
JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT 1989
REVISED
Updated to 1 August
2022
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.
7A.
Non-admissibility as evidence of certain communications relating to reconciliation
or 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
).
(Repealed)
11.
Preliminary orders in judicial
separation proceedings.
(Repealed)
12.
Making of applications for
preliminary orders.
(Repealed)
13.
Maintenance pending suit,
etc.
(Repealed)
14.
Periodical payments and lump
sum orders.
(Repealed)
15.
Property adjustment
orders.
(Repealed)
16.
Miscellaneous ancillary
orders.
(Repealed)
17.
Order extinguishing succession
rights.
(Repealed)
18.
Orders for sale of
property.
(Repealed)
19.
Additional family home
jurisdiction.
(Repealed)
20.
Provisions relating to
maintenance, property and other orders.
(Repealed)
21.
Retrospective maintenance
orders.
(Repealed)
22.
Variation and discharge of
financial and property orders.
(Repealed)
23.
Child maintenance.
(Repealed)
24.
Transmission of periodical
payments through District Court clerk.
(Repealed)
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.
(Repealed)
27.
Application of maintenance and
periodical payments orders to men of Defence Forces.
(Repealed)
28.
Amendment of Enforcement of
Court Orders Act, 1940.
(Repealed)
29.
Voidance of transactions
intended to prevent or reduce financial relief.
(Repealed)
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
.
(Repealed)
40.
Reports on children in
guardianship cases.
(Repealed)
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
Number
6
of
1989
JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT 1989
REVISED
Updated to 1 August
2022
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. [19
th April,
1989]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Cost of mediation or counselling services declared to be in the discretion of the
court (27.02.1997) by
Family Law (Divorce) Act 1996
(33/1996), s. 43, commenced as per s. 1(2).
Cost of Mediation and Counselling Services
43
.—The cost of any mediation services or counselling services provided for a spouse who
is or becomes a party to proceedings under this Act, the Act of 1964 or the Act of
1989 or for a dependent member of the family of such a spouse shall be in the discretion
of the court concerned.
C2
Power provided to Court to make order regarding application of
Family Home Protection Act 1976
(27/1976), s. 3(1), when granting decree under Act (1.08.1996) by
Family Law Act 1995
(26/1995), s. 54(3), S.I. No. 46 of 1996.
Amendment of Family Home Protection Act, 1976, and Act of 1989.
54
. — ...
(3) Where a court, when granting a decree of judicial separation under the Act of
1989, orders that the ownership of the family home shall be vested in one of the spouses,
it shall, unless it sees reason to the contrary, order that section 3(1) (prior consent
of spouse to conveyance of interest in family home) of the Family Home Protection
Act, 1976 , shall not apply to any conveyance by that spouse of an interest in the
home and, if the court so orders, the said section 3(1) shall have effect accordingly.
C3
Power of court to procure reports in family law proceedings extended (1.08.1996)
by
Family Law Act 1995
(26/1995), s. 47(1) and (6), S.I. No. 46 of 1996; as amended (27.02.1997) by
Family Law (Divorce) Act 1996
(33/1996), s. 52(p), commenced as per s. 1(2); and as amended (1.01.2005) by
Health Act 2004
(42/2004), s. 75 and sch. 6 part 13, S.I. No. 887 of 2004.
Social reports in family law proceedings.
47
.—(1) In proceedings to which this section applies, the court may, of its own motion
or on application to it in that behalf by a party to the proceedings, by order give
such directions as it thinks proper for the purpose of procuring a report in writing
on any question affecting the welfare of a party to the proceedings or any other person
to whom they relate from—
(a) such probation and welfare officer (within the meaning of the Child Abduction
and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,
[
(b) such person nominated by the Health Service Executive specified in the order as
the Health Service Executive may nominate, being a person who in its opinion is suitably
qualified for the purpose, or
]
(c) any other person specified in the order.
...
(6)
[
This section
]
applies to proceedings— ...
(f) under the Act of 1989,
...
C4
Rights of spouses under Act confirmed not affected (1.08.1996) by
Family Law Act 1995
(26/1995), s. 48, S.I. No. 46 of 1996.
Property of engaged couples.
48
.—For the avoidance of doubt, it is hereby declared that the reference in section 5
(1) of the Family Law Act, 1981, to the rules of law relating to the rights of spouses
in relation to property in which either or both of them has or have a beneficial interest
shall relate and be deemed always to have related only to the rules of law for the
determination of disputes between spouses, or a claim by one of them, in relation
to the beneficial ownership of property in which either or both of them has or have
a beneficial interest and, in particular, does not relate, and shall be deemed never
to have related, to the rules of law relating to the rights of spouses under the Act
of 1965, the Family Home Protection Act, 1976, the Act of 1989 or this Act.
Editorial Notes
E1
Proceedings under Act included in definition of family law proceedings (1.01.2018)
by
Mediation Act 2017
(27/2017), s. 2(1), S.I. No. 591 of 2017.
Annotations
Modifications (not altering text)
C1
Cost of mediation or counselling services declared to be in the discretion of the
court (27.02.1997) by
Family Law (Divorce) Act 1996
(33/1996), s. 43, commenced as per s. 1(2).
Cost of Mediation and Counselling Services
43
.—The cost of any mediation services or counselling services provided for a spouse who
is or becomes a party to proceedings under this Act, the Act of 1964 or the Act of
1989 or for a dependent member of the family of such a spouse shall be in the discretion
of the court concerned.
C2
Power provided to Court to make order regarding application of
Family Home Protection Act 1976
(27/1976), s. 3(1), when granting decree under Act (1.08.1996) by
Family Law Act 1995
(26/1995), s. 54(3), S.I. No. 46 of 1996.
Amendment of Family Home Protection Act, 1976, and Act of 1989.
54
. — ...
(3) Where a court, when granting a decree of judicial separation under the Act of
1989, orders that the ownership of the family home shall be vested in one of the spouses,
it shall, unless it sees reason to the contrary, order that section 3(1) (prior consent
of spouse to conveyance of interest in family home) of the Family Home Protection
Act, 1976 , shall not apply to any conveyance by that spouse of an interest in the
home and, if the court so orders, the said section 3(1) shall have effect accordingly.
C3
Power of court to procure reports in family law proceedings extended (1.08.1996)
by
Family Law Act 1995
(26/1995), s. 47(1) and (6), S.I. No. 46 of 1996; as amended (27.02.1997) by
Family Law (Divorce) Act 1996
(33/1996), s. 52(p), commenced as per s. 1(2); and as amended (1.01.2005) by
Health Act 2004
(42/2004), s. 75 and sch. 6 part 13, S.I. No. 887 of 2004.
Social reports in family law proceedings.
47
.—(1) In proceedings to which this section applies, the court may, of its own motion
or on application to it in that behalf by a party to the proceedings, by order give
such directions as it thinks proper for the purpose of procuring a report in writing
on any question affecting the welfare of a party to the proceedings or any other person
to whom they relate from—
(a) such probation and welfare officer (within the meaning of the Child Abduction
and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,
[
(b) such person nominated by the Health Service Executive specified in the order as
the Health Service Executive may nominate, being a person who in its opinion is suitably
qualified for the purpose, or
]
(c) any other person specified in the order.
...
(6)
[
This section
]
applies to proceedings— ...
(f) under the Act of 1989,
...
C4
Rights of spouses under Act confirmed not affected (1.08.1996) by
Family Law Act 1995
(26/1995), s. 48, S.I. No. 46 of 1996.
Property of engaged couples.
48
.—For the avoidance of doubt, it is hereby declared that the reference in section 5
(1) of the Family Law Act, 1981, to the rules of law relating to the rights of spouses
in relation to property in which either or both of them has or have a beneficial interest
shall relate and be deemed always to have related only to the rules of law for the
determination of disputes between spouses, or a claim by one of them, in relation
to the beneficial ownership of property in which either or both of them has or have
a beneficial interest and, in particular, does not relate, and shall be deemed never
to have related, to the rules of law relating to the rights of spouses under the Act
of 1965, the Family Home Protection Act, 1976, the Act of 1989 or this Act.
Editorial Notes
E1
Proceedings under Act included in definition of family law proceedings (1.01.2018)
by
Mediation Act 2017
(27/2017), s. 2(1), S.I. No. 591 of 2017.
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.
7A.
Non-admissibility as evidence of certain communications relating to reconciliation
or 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
).
(Repealed)
11.
Preliminary orders in judicial
separation proceedings.
(Repealed)
12.
Making of applications for
preliminary orders.
(Repealed)
13.
Maintenance pending suit,
etc.
(Repealed)
14.
Periodical payments and lump
sum orders.
(Repealed)
15.
Property adjustment
orders.
(Repealed)
16.
Miscellaneous ancillary
orders.
(Repealed)
17.
Order extinguishing succession
rights.
(Repealed)
18.
Orders for sale of
property.
(Repealed)
19.
Additional family home
jurisdiction.
(Repealed)
20.
Provisions relating to
maintenance, property and other orders.
(Repealed)
21.
Retrospective maintenance
orders.
(Repealed)
22.
Variation and discharge of
financial and property orders.
(Repealed)
23.
Child maintenance.
(Repealed)
24.
Transmission of periodical
payments through District Court clerk.
(Repealed)
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.
(Repealed)
27.
Application of maintenance and
periodical payments orders to men of Defence Forces.
(Repealed)
28.
Amendment of Enforcement of
Court Orders Act, 1940.
(Repealed)
29.
Voidance of transactions
intended to prevent or reduce financial relief.
(Repealed)
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
.
(Repealed)
40.
Reports on children in
guardianship cases.
(Repealed)
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.
Number
6
of
1989