Law Society backs Government’s proposal in divorce referendum

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Law Society backs Government’s proposal in divorce referendum
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Citizens to vote on reducing time couples must be separated from four years to two

“The council of the Law Society, having considered the report, decided to call for a yes vote in the referendum due to take place later this month.“While each case is unique, the current requirement to live apart for a period of four years prior to the institution of divorce proceedings may now be considered too long. It may result in a duplication of legal expenses and protracted proceedings, where parties are involved in both judicial separation and divorce proceedings over time.

“The questions facing Ireland now relate to what type of legal framework and practice should underpin its law in this arena. What type of divorce law and practice do we want?” It also called for a set of principles for the determination of ancillary reliefs to be developed to include all maintenance orders, lump sum payments, settlements, property adjustment orders and pension adjustment orders.Furthermore, it said provision for “clean break” divorces should be put in place in appropriate cases, while the law “should be reviewed” to allow for the development of pre-nuptial agreements that are “valid and enforceable”.

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