Government supports constitutional amendment to vary spousal separation condition

The Government will be supporting the Thirty-Fifth Amendment of the Constitution (Divorce) Bill 2016 introduced by Deputy Josepha Madigan, it has been announced.

Deputy Madigan’s Bill proposes to amend Article 41.3.2 of the Constitution to reduce the time period that spouses applying for a divorce must have lived apart from at least four years during the previous five years to at least two years during the previous three years.

Minister of State with special responsibility for Equality, Immigration, and Integration David Stanton announced the news.

He told the Dáil: “As is the case with every bill proposing an amendment to the Constitution, a referendum will be required to allow the people the opportunity to decide on this significant proposed change to the Constitution before this Bill could be signed into law.”

He added: “Now that more than 20 years have passed since the introduction of divorce in Ireland, the Government believes that it would be appropriate at this stage to re-examine the provisions of Article 41.3.2 of the Constitution and for that reason very much welcomes this Private Members Bill initiative from Deputy Madigan.

“Shortening the living apart period would enable couples whose marriages have broken down to regularise their affairs sooner and reduce the legal costs involved.

“Couples would be less likely to need to apply for judicial separation while waiting to become eligible to apply for divorce.

“In advance of Committee Stage, the Department of Justice and Equality will examine the wording of the Bill in consultation with the Office of the Attorney General to ascertain whether any technical drafting amendments may be required to the text of the proposed constitutional amendments.”