Josepha Madigan

Voters will be asked to amend article 41.3.2 of the Constitution to remove the minimum living apart period for spouses seeking a divorce, and replace article 41.3.3 with a provision allowing the Oireachtas to legislate for the recognition of foreign divorces.

Government will also agree the timeframe requirements for a couple looking to divorce to be taken out of the Constitution and be decided instead by legislators.

The Government confirmed yesterday that the vote would take place on May 24.

A campaign director for the vote has yet to be appointed by the Fine Gael-led Government but it is thought that Culture Minister Josepha Madigan, a qualified solicitor who is leading the proposal, is interested in the role.

Justice Minister Charlie Flanagan is to publish the outline of the planned legislation ahead of the referendum to ensure voters are clear on the proposed changes.

Writing in Irish Legal News earlier this year, Dublin solicitor Keith Walsh, chair of the Law Society of Ireland’s child and family law committee, said the move “finally brings Irish divorce law into the 21st century and marks a very humane approach to this complex area of law”.