IRISH FAMILY
LEGISLATION
Property (Ireland)
Act 1865: permitted a wife to sue her husband in tort if separated
or deserted.
Partition Acts
1868 and 1876: allowed courts to divide up property between spouses.
Matrimonial Causes
and Marriage Law (Ireland) (Amendment) Act 1870: brought civil nullity
rules in line with Church rules.
Married Women's
Property Act 1882: allowed married women to hold property in their
own name. Replaced by:
Married Women's
Status Act 1957: made wives liable for their own debts and breaches
of duty. Allowed courts to decide property disputes between spouses.
Guardianship of
Infants Act 1964: gave parents the right to joint guardianship of their
children and allowed courts to make decisions on custody and access.
Succession Act
1965: reformed the law relating to the estates of people who had died,
especially the administration and distribution of property where there
is no will. Specified the shares of spouses and children on intestacy.
Marriages Act
1972: raised the minimum marriage age to 16 for boys and girls, retrospectively
validated so-called "Lourdes marriages".
Maintenance Orders
Act 1974: allowed the reciprocal enforcement of maintenance orders
between the Republic of Ireland, Northern Ireland, England and Wales and
Scotland.
Family Law (Maintenance
of Spouses and Children) Act 1976: provided for periodical payments
by one spouse to another in cases of failure to provide reasonable maintenance,
with deductions of earnings at source and barring orders.
Family Home Protection
Act 1976: protected family home and required prior written consent
of both spouses for sale of family home or chattels.
Courts Act 1980:
widened
the Circuit Court's jurisdiction in family law matters.
Family Law Act
1981: abolished actions for enticement of spouse and breach of promise
to marry. Allowed courts to decide disputes over gifts after broken engagements.
Family Law (Protection
of Spouses and Children) Act 1981: gave the Circuit and District Courts
power to grant barring and protection orders. (Repealed by Domestic
Violence Act 1996)
Domicile and Recognition
of Foreign Divorces Act 1986: confirmed independent domiciles of wives,
recognised divorces granted where either spouse was domiciled.
Status of Children
Act 1987: abolished status of illegitimacy and amended law on maintenance
and succession for non-marital children. Allowed unmarried fathers to apply
for guardianship of their children. Provided for blood tests to establish
paternity.
Family Law Act
1988: abolished actions for the restitution of conjugal rights.
Children Act 1989:
gave
health boards powers to care for children.
Judicial Separation
and Family Law Reform Act 1989: amended the grounds for judicial separation,
assisted reconciliation between estranged spouses and provided for ancillary
orders such as maintenance, property adjustment and custody of children.
Child Care Act
1991: gave powers to health boards to care for children who were ill-treated,
neglected or sexually abused.
Child Abduction
and Enforcement of Custody Orders Act 1991: dealt with wrongful retention
of children. Implemented the Hague Convention 1980 and the Luxembourg Convention
1980.
Maintenance Act
1994: simplified procedures for recovering maintenance debts from other
countries.
Family Law Act
1995: raised the minimum age for marriage to 18 and required 3 months'
written notice to local registrar, abolished petitions for jactitation
of marriage (falsely claiming to be married to someone), provided for declarations
of marital status, and ancillary orders after judicial separation or foreign
divorce.
Domestic Violence
Act 1996: extended safety, barring and protection orders to non-spouses,
gave health boards powers to apply for orders, allowed arrest without warrant
for breach.
Family Law (Divorce)
Act 1996: allowed divorce and remarriage, with all ancillary orders.
Children Act 1997:
recognised
natural fathers as guardians, allowed children's views to be considered
in guardianship, access and custody matters, allowed parents to have joint
custody.
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