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The Thirty-eighth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which altered the provisions regulating divorce.It removed the constitutional requirement for a defined period of separation before a Court may grant a dissolution of marriage, and eased restrictions on the recognition of foreign divorces. [1]
The Constitution of Ireland adopted in 1937 included a ban on divorce. An attempt by the Fine Gael–Labour Party government in 1986 to amend this provision was rejected in a referendum by 63.5% to 36.5%. In 1989, the Dail passed the Judicial Separation and Family Law Reform Act, which allowed Irish courts to recognize legal separation.
Marriage in the Republic of Ireland is a long-standing institution, regulated by various civil and religious codes over time. Today, marriages are registered by the civil registration service, and solemnised by a solemniser chosen from a list maintained by Department of Social Protection . [ 1 ]
2° Where, and only where, such court established under this Constitution as may be prescribed by law is satisfied that: i. a marriage has failed, ii. the failure has continued for a period of, or periods amounting to, at least five years, iii. there is no reasonable possibility of reconciliation between the parties to the marriage, and
The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault-based grounds including adultery, cruelty and desertion. [106] In 1986, Parliament replaced the Act, which simplified the law of divorce further. [107]
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