(LRC Revised)

Number 33 of 1996

FAMILY LAW (DIVORCE) ACT 1996

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

Family Law (Divorce) Act 1996

. 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

33

of

1996

FAMILY LAW (DIVORCE) ACT 1996

REVISED

Updated to 1 August

2022

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.

(Repealed)

32.

Income tax treatment of

divorced persons.

(Repealed)

33.

Exemption of certain transfers

from stamp duty.

(Repealed)

34.

Exemption of certain transfers

from capital acquisitions tax.

(Repealed)

35.

Capital gains tax treatment of

certain disposals by divorced persons.

(Repealed)

36.

Abatement and postponement of

probate tax on property the subject of an order under

section

18

.

(Repealed)

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.

(Repealed)

52.

Amendment of Act of 1995.

53.

Amendment of Maintenance Act, 1994.

Number

33

of

1996

FAMILY LAW (DIVORCE) ACT 1996

REVISED

Updated to 1 August

2022

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. [27

th November

, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Basis of calculation of period of living apart for purposes of Act in relation to

certain foreign marriages provided (16.11.2015) by

Marriage Act 2015

(35/2015), s. 12(5), S.I. No. 504 of 2015.

Recognition of certain foreign marriages

12.

...

(5) Where the marriage

under the law of a place other than the State of two persons of the same sex is

recognised and the two persons concerned live apart from one another, the period

or periods during which they live apart from one another shall, for the purposes

of the Judicial Separation and Family Law Reform Act 1989, the Family Law

(Divorce) Act 1996, or any other enactment, be calculated from the date

(notwithstanding that it occurs before the date, under

subsection (2)

, that

the marriage falls to be recognised) on which they begin to live apart.

...

C2

Functions transferred and references to “Department of Equality

and Law Reform” and “Minister for Equality and Law Reform”

construed (8.07.1997) by

Equality and Law Reform (Transfer of Departmental

Administration and Ministerial Functions) Order 1997

(S.I. No. 297 of

1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 4 of this Order are hereby transferred

to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or

any instrument made thereunder and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of this Order,

be construed as references to the Department of Justice.

4. (1) The functions vested

in the Minister for Equality and Law Reform

(

a

) by or under

any of the Acts mentioned in the Schedule to this Order, and

(

b

) by virtue of

the Justice (Transfer of Departmental Administration and Ministerial Functions)

Order, 1993 (

S.I. No. 34 of 1993

).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or

instrument made thereunder and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as references to

the Minister for Justice.

...

SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law

Reform to the Minister for Justice.

...

Family Law (Divorce) Act 1996 (No.

33 of 1996)

...

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.

E2

Rights and incumbrances, for purposes of

Land and Conveyancing Law Reform Act 2009

(27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by

Land and Conveyancing Law Reform Act 2009

(27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

E3

Central Authority authorised to act on behalf of a maintenance creditor under Act

by

Maintenance Act 1994

(28/1994), s. 4(2)(a), as substituted (1.12.1999) by

Jurisdiction of Courts and Enforcement of Judgments Act 1998

(52/1998), s. 22(2), S.I. No. 353 of 1999, and subsequently substituted (10.03.2012)

by

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012

(7/2012), s. 2(1)(b), commenced on enactment.

E4

Exemption from deduction of income tax for payments made pursuant to an order under

Act (other than under s. 17) provided (from year 1997-1998) by

Taxes Consolidation Act 1997

(39/1997), s. 1027, commenced as per s. 1097.

Annotations

Modifications (not altering text)

C1

Basis of calculation of period of living apart for purposes of Act in relation to

certain foreign marriages provided (16.11.2015) by

Marriage Act 2015

(35/2015), s. 12(5), S.I. No. 504 of 2015.

Recognition of certain foreign marriages

12.

...

(5) Where the marriage

under the law of a place other than the State of two persons of the same sex is

recognised and the two persons concerned live apart from one another, the period

or periods during which they live apart from one another shall, for the purposes

of the Judicial Separation and Family Law Reform Act 1989, the Family Law

(Divorce) Act 1996, or any other enactment, be calculated from the date

(notwithstanding that it occurs before the date, under

subsection (2)

, that

the marriage falls to be recognised) on which they begin to live apart.

...

C2

Functions transferred and references to “Department of Equality

and Law Reform” and “Minister for Equality and Law Reform”

construed (8.07.1997) by

Equality and Law Reform (Transfer of Departmental

Administration and Ministerial Functions) Order 1997

(S.I. No. 297 of

1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 4 of this Order are hereby transferred

to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or

any instrument made thereunder and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of this Order,

be construed as references to the Department of Justice.

4. (1) The functions vested

in the Minister for Equality and Law Reform

(

a

) by or under

any of the Acts mentioned in the Schedule to this Order, and

(

b

) by virtue of

the Justice (Transfer of Departmental Administration and Ministerial Functions)

Order, 1993 (

S.I. No. 34 of 1993

).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or

instrument made thereunder and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as references to

the Minister for Justice.

...

SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law

Reform to the Minister for Justice.

...

Family Law (Divorce) Act 1996 (No.

33 of 1996)

...

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.

E2

Rights and incumbrances, for purposes of

Land and Conveyancing Law Reform Act 2009

(27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by

Land and Conveyancing Law Reform Act 2009

(27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

E3

Central Authority authorised to act on behalf of a maintenance creditor under Act

by

Maintenance Act 1994

(28/1994), s. 4(2)(a), as substituted (1.12.1999) by

Jurisdiction of Courts and Enforcement of Judgments Act 1998

(52/1998), s. 22(2), S.I. No. 353 of 1999, and subsequently substituted (10.03.2012)

by

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012

(7/2012), s. 2(1)(b), commenced on enactment.

E4

Exemption from deduction of income tax for payments made pursuant to an order under

Act (other than under s. 17) provided (from year 1997-1998) by

Taxes Consolidation Act 1997

(39/1997), s. 1027, commenced as per s. 1097.

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.

(Repealed)

32.

Income tax treatment of

divorced persons.

(Repealed)

33.

Exemption of certain transfers

from stamp duty.

(Repealed)

34.

Exemption of certain transfers

from capital acquisitions tax.

(Repealed)

35.

Capital gains tax treatment of

certain disposals by divorced persons.

(Repealed)

36.

Abatement and postponement of

probate tax on property the subject of an order under

section

18

.

(Repealed)

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.

(Repealed)

52.

Amendment of Act of 1995.

53.

Amendment of Maintenance Act, 1994.

Number

33

of

1996