PART VI

Miscellaneous

35. —(1) In this section—

“disposition” means any disposition of property howsoever made other than a disposition made by a will or codicil;

“relief” means the financial or other material benefits conferred by—

(a) an order under section 7 , 8 or 9 , paragraph (a) or (b) of section 10 (1) or section 11 , 12 , 13 , 17 , 18 (other than an order affecting an order referred to in subsection (1) (e) thereof), 24 or 25 , or

(b) a relief order (other than an order under section 18 affecting an order referred to in subsection (1) (e) thereof),

and references to defeating a claim for relief are references to—

(i) preventing relief being granted to the person concerned, whether for the benefit of the person or a dependent member of the family concerned,

(ii) limiting the relief granted, or

(iii) frustrating or impeding the enforcement of an order granting relief;

“reviewable disposition”, in relation to proceedings for the grant of relief brought by a spouse, means a disposition made by the other spouse concerned or any other person but does not include such a disposition made for valuable consideration (other than marriage) to a person who, at the time of the disposition acted in good faith and without notice of an intention on the part of the respondent to defeat the claim for relief.

(2) (a) The court, on the application of a person (“the applicant”) who—

(i) has instituted proceedings that have not been determined for the grant of relief,

(ii) has been granted leave under section 23 (3) to institute such proceedings, or

(iii) intends to apply for such leave upon the completion of one year's ordinary residence in the State—

may—

(I) if it is satisfied that the other spouse concerned or any other person, with the intention of defeating the claim for relief, proposes to make any disposition of or to transfer out of the jurisdiction or otherwise deal with any property, make such order as it thinks fit for the purpose of restraining that other spouse or other person from so doing or otherwise for protecting the claim,

(II) if it is satisfied that that other spouse or other person has, with that intention, made a reviewable disposition and that, if the disposition were set aside, relief or different relief would be granted to the applicant, make an order setting aside the disposition.

(b) Where relief has been granted by the court and the court is satisfied that the other spouse concerned or another person has, with the intention aforesaid, made a reviewable disposition, it may make an order setting aside the disposition.

(c) An application under paragraph (a) shall, in a case in which proceedings for relief have been instituted, be made in those proceedings.

(3) Where the court makes an order under paragraph (a) or (b) of subsection (2), it shall include in the order such provisions (if any) as it considers necessary for its implementation (including provisions requiring the making of any payments or the disposal of any property).

(4) In a case where neither of the conditions specified in paragraphs (a) and (b) of section 27 (1) is satisfied, the court shall not make an order under subsection (2) in respect of any property other than the family home concerned.

(5) Where an application is made under subsection (2) with respect to a disposition that took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property that the other spouse concerned or any other person proposes to make and the court is satisfied—

(a) in case the application is for an order under subsection (2) (a) (I), that the disposition or other dealing concerned would (apart from this section) have the consequence, or

(b) in case the application is for an order under paragraph (a) (II) or (b) of subsection (2), that the disposition has had the consequence,

of defeating the applicant's claim for relief, it shall be presumed, unless the contrary is shown, that that other spouse or other person disposed of or otherwise dealt with the property concerned, or, as the case may be, proposes to do so, with the intention of defeating the applicant's claim for relief.

36. —(1) Either spouse may apply to the court in a summary manner to determine any question arising between them as to the title to or possession of any property.

(2) On application to it under subsection (1), the court may—

(a) make such order with respect to the property in dispute (including an order that it be sold or partitioned) and as to the costs consequent upon the application, and

(b) direct such inquiries, and give such other directions, in relation to the application,

as the court considers proper.

(3) Either spouse or a child of a deceased spouse (in this section referred to subsequently as “the plaintiff spouse”) may make an application specified in subsection (1) where it is claimed that the other spouse (in this section referred to subsequently as “the defendant spouse”) has had in his or her possession or under his or her control—

(a) money to which, or to a share of which, the plaintiff spouse was beneficially entitled whether by reason of the fact that it represented the proceeds of property to which, or to an interest in which, the plaintiff spouse was beneficially entitled or for any other reason, or

(b) property (other than money) to which, or to an interest in which, the plaintiff spouse was beneficially entitled,

and that either that money or other property has ceased to be in the possession or under the control of the defendant spouse or that the plaintiff spouse does not know whether it is still in the possession or under the control of the defendant spouse.

(4) Where an application under subsection (1) is made by virtue of subsection (3) and the court is satisfied that—

(a) (i) the defendant spouse concerned has had in his or her possession or under his or her control money or other property to which paragraph (a) or (b) of subsection (3) relates, or

(ii) the defendant spouse has in his or her possession or under his or her control property that represents the whole or part of the money or other property aforesaid,

and

(b) the defendant spouse has not made to the plaintiff spouse concerned such payment or disposition (not being a testamentary disposition) as would have been appropriate in all the circumstances,

the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of such an order, make an order requiring the defendant spouse to pay to the plaintiff spouse either, as the case may be—

(i) such sum in respect of the money to which the application relates, or the plaintiff spouse's share thereof, or

(ii) such sum in respect of the value of the property (other than money) referred to in paragraph (a), or the plaintiff spouse's interest therein,

as the court considers proper.

(5) In any proceedings under this section, a person (other than the plaintiff spouse concerned or the defendant spouse concerned) who is a party thereto shall, for the purposes of costs or any other matter, be treated as a stakeholder only.

(6) This section is without prejudice to section 2 (which prescribes the legal capacity of married women) of the Married Women's Status Act, 1957 .

(7) (a) Where a marriage—

(i) has been annulled under the law of the State, or

(ii) has been annulled or dissolved under the law of a country or jurisdiction other than the State and is, by reason of that annulment or divorce, not or no longer a subsisting valid marriage under the law of the State,

an application under this section shall not be made by either of the spouses more than 3 years after the date of the annulment or divorce.

(b) Where a marriage is void but has not been so declared under the law of the State or another state, an application shall not be made under this section by either of the spouses more than 3 years after the parties have ceased to be ordinarily resident together.

(8) In this section references to a spouse include references to—

(a) a personal representative of a deceased spouse,

(b) either of the parties to a void marriage, whether or not it has been declared to be void under the law of the State or a country or jurisdiction other than the State,

(c) either of the parties to a voidable marriage that has been annulled under the law of the State,

(d) either of the parties to a marriage that has been annulled under the law of another state and that is, by reason of the annulment, not a subsisting valid marriage under the law of the State, and

(e) either of the parties to a marriage that has been dissolved under the law of another state and that is, by reason of the divorce, no longer a subsisting valid marriage under the law of the State.

37. —Payments of money pursuant to an order under this Act (other than under section 12 ) shall be made without deduction of income tax.

38. —(1) Subject to the provisions of this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act and shall, in relation to that jurisdiction, be known as the Circuit Family Court.

(2) Subject to the other provisions of this section, the Circuit Family Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings for a decree of nullity.

(3) Where the rateable valuation of any land to which proceedings in the Circuit Family Court under this Act relate exceeds £200, that Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.

(4) The jurisdiction conferred on the Circuit Family Court by this Act may be exercised by the judge of the circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.

(5) The Circuit Family Court may, for the purposes of subsection (3) and section 31 (3) of the Act of 1989 in relation to land that has not been given a rateable valuation or is the subject with other land of a rateable valuation, determine that its rateable valuation would exceed, or would not exceed, £200.

(6) Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.

(7) In proceedings under section 8 , 9 , 10 (1) (a), 11 , 12 , 13 , 14 , 18 , 23 or 25 —

(a) each of the spouses concerned shall give to the other spouse and to, or to a person acting on behalf of, any dependent member of the family concerned, and

(b) any dependent member of the family concerned shall give to, or to a person acting on behalf of, any other such member and to each of the spouses concerned,

such particulars of his or her property and income as may reasonably be required for the purposes of the proceedings.

(8) Where a person fails or refuses to comply with subsection (7), the court, on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.

39. —(1) The court may grant a decree of nullity if, but only if, one of the following requirements is satisfied:

(a) either of the spouses concerned was domiciled in the State on the date of the institution of the proceedings concerned,

(b) either of the spouses was ordinarily resident in the State throughout the period of one year ending on that date,

(c) either of the spouses died before that date and—

(i) was at the time of death domiciled in the State, or

(ii) had been ordinarily resident in the State throughout the period of one year ending on that date.

(2) Where proceedings are pending in a court in respect of an application for the grant of a decree of nullity or in respect of an appeal from the determination of such an application and the court has or had, by virtue of subsection (1), jurisdiction to determine the application, the court, notwithstanding section 31 (4) of the Act of 1989, shall have jurisdiction to determine an application for the grant of a decree of judicial separation in respect of the marriage concerned.

40. —Notice of any proceedings under this Act shall be given by the person bringing the proceedings to—

(a) the other spouse concerned or, as the case may be, the spouses concerned, and

(b) any other person specified by the court.

41. —Where, in proceedings under any other Act, the court or the District Court makes or has made an order providing for the payment—

(a) by a spouse to the other spouse of periodical payments for the support or maintenance of that other spouse, or

(b) by a parent to the other parent or to another person specified in the order of periodical payments for the support or maintenance of a child—

(i) of both parents or adopted by both parents under the Adoption Acts, 1952 to 1991, or in relation to whom both parents are in loco parentis, or

(ii) of either parent or adopted by either parent under those Acts or in relation to whom either parent is in loco parentis where the other parent being aware that he or she is not the parent of the child has treated the child as a member of the family,

the court by which the order was made may in those proceedings or subsequently, on application to it by any person having an interest in the proceedings, order the spouse or parent liable to make the payments under the order to secure them to the other spouse or parent or the other person specified in the order to the satisfaction of the court.

42. —(1) Where, in proceedings under any other Act, an order providing for the periodical payments referred to in paragraph (a) or (b) of section 41 would, apart from this section, fall to be made, the court may in addition to, or instead of such an order, make an order providing for the making by the person concerned to the person concerned of a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be specified in the order.

(2) The amount or aggregate amount of a lump sum payment or of lump sum payments to a person under an order under this section shall be—

(a) if the order is instead of an order for the making of periodical payments to the person, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and

(b) if the first-mentioned order is in addition to an order for the making of periodical payments to the person, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.

(3) In this section “the court” includes the District Court.

(4) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed £5,000.

43. —The Act of 1976 is hereby amended by—

(a) in section 3—

(i) in the definition of “antecedent order”, the substitution of the following paragraphs for paragraph (j):

“(j) an order for maintenance pending suit under the Judicial Separation and Family Law Reform Act, 1989 , or a periodical payments order under that Act,

(k) a maintenance pending suit order under the Family Law Act, 1995, or a periodical payments order under that Act;”,

and

(ii) in the definition of “dependent child of the family”, the substitution of “23” for “twenty-one”,

(b) in section 6 (3), the substitution of “18” for “sixteen” and “23” for “twenty-one”,

(c) the insertion of the following section after section 8A (inserted by the Status of Children Act, 1987 ):

“Preservation of pension entitlements in separation agreements.

8B.—(1) Subject to the provisions of this section, on an application to the High Court or the Circuit Court under section 8 of this Act, the Court may, on application to it in that behalf by either of the spouses concerned, make an order directing the trustees of a pension scheme of which either or both of the spouses are members, not to regard the separation of the spouses by agreement as a ground for disqualifying either of them for the receipt of a benefit under the scheme a condition for the receipt of which is that the spouses should be residing together at the time when the benefit becomes payable.

(2) Notice of an application under subsection (1) shall be given by the spouse concerned to the trustees of the pension scheme concerned and, in deciding whether to make an order under subsection (1), the Court shall have regard to any order made, or proposed to be made, by it in relation to the application by the spouse or spouses concerned under section 8 of this Act and any representations made by those trustees in relation to the matter.

(3) Any costs incurred by the trustees of a pension scheme under subsection (2) or in complying with an order under subsection (1) shall be borne, as the court may determine, by either of the spouses concerned or by both of the spouses and in such proportions and such manner as the Court may determine.

(4) In this section ‘pension scheme’ has the meaning assigned to it by the Family Law Act, 1995.”,

(d) in section 10—

(i) the insertion of the following subsection after subsection (1):

“(1A) (a) Where a court has made an antecedent order, it shall in the same proceedings, subject to subsection (3), make an attachment of earnings order in order to secure payments under the antecedent order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid.

(b) References in this subsection to an antecedent order made by a court include references to such an order made, varied or affirmed on appeal from that court.”,

and

(ii) in subsection (2), the insertion, after “employment” of “or is a trustee (within the meaning of the Family Law Act, 1995) of a pension scheme (within the meaning aforesaid) under which the maintenance debtor is receiving periodical pension benefits”, and

(iii) the substitution for subsection (3) of the following subsection:

“(3) (a) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor concerned an opportunity to make the representations specified in paragraph (b) in relation to the matter and shall have regard to any such representations made by the maintenance debtor.

(b) The representations referred to in paragraph (a) are representations relating to the questions—

(i) whether the spouse concerned is a person to whom such earnings as aforesaid fall to be paid, and

(ii) whether he or she would make the payments to which the relevant order relates.”,

and

(e) in section 23, after subsection (3), the insertion of the following subsections:

“(4) In proceedings under this Act—

(a) each of the spouses concerned shall give to the other spouse and to, or to a person acting on behalf of, any dependent member of the family concerned, and

(b) any dependent member of the family concerned shall give to, or to a person acting on behalf of, any other such member and to each of the spouses concerned,

such particulars of his or her property and income as may reasonably be required for the purpose of the proceedings.

(5) Where a person fails or refuses to comply with subsection (4), the Court, on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.”.

44. —Where, while a maintenance order, an order varying a maintenance order, or an interim order, under the Act of 1976 is in force, an application is made to the court by a spouse to whom the order aforesaid relates for an order granting a decree of judicial separation or an order under Part II or III , the court may by order discharge the order aforesaid under the Act of 1976 as on and from such date as may be specified in the order.

45. —The Maintenance Act, 1994 , is hereby amended—

(a) in section 3, in subsection (1), by the insertion of the following definition:

“‘the Act of 1995’ means the Family Law Act, 1995”,

(b) in section 4, in subsection (2) (a), by the insertion of “, 1995” after “(as amended by this Act)”,

(c) in section 14—

(i) in subsection (1) (c), by the substitution of the following subparagraph for subparagraph (i):

“(i) if the amount of maintenance sought to be recovered exceeds the maximum amount which the District Court has jurisdiction to award under the Act of 1976 or, if the request is for a relief order within the meaning of the Act of 1995, make an application to the Circuit Court,”,

(ii) in subsection (3), by the insertion after “1976” of “or a relief order within the meaning of the Act of 1995, as may be appropriate”, and

(iii) in subsection (4), by the substitution of the following paragraph for paragraph (e):

“(e) pending the final determination of the application, make an interim order under section 7 of the Act of 1976 or an order under section 24 of the Act of 1995.”.

46. —Where the court makes an order for the grant of a decree of nullity, it may declare either of the spouses concerned to be unfit to have custody of any dependent member of the family who is a minor and, if it does so and the spouse to whom the declaration relates is a parent of any dependent member of the family who is a minor, that spouse shall not, on the death of the other spouse, be entitled as of right to the custody of that minor.

47. —(1) In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from—

(a) such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 ) as the Minister for Justice may nominate,

(b) such person nominated by a health board specified in the order as that board may nominate, being a person who, in the opinion of that board, is Suitably qualified for the purpose, or

(c) any other person specified in the order.

(2) In deciding whether or not to make an order under subsection (1), the court shall have regard to any submission made to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate.

(3) A copy of a report under subsection (1) shall be given to the parties to the proceedings concerned and (if he or she is not a party to the proceedings) to the person to whom it relates and may be received in evidence in the proceedings.

(4) The fees and expenses incurred in the preparation of a report under subsection (1) shall be paid by such parties to the proceedings concerned and in such proportions, or by such party to the proceedings, as the court may determine.

(5) The court or a party to proceedings to which this section applies may call as a witness in the proceedings a person who prepared a report under subsection (1) pursuant to an order under that subsection in those proceedings.

(6) Subsection (1) applies to proceedings—

(a) under the Act of 1964,

(b) under the Act of 1976,

(c) under the Family Home Protection Act, 1976 ,

(d) under the Act of 1981,

(e) under the Status of Children Act, 1987 ,

(f) under the Act of 1989,

(g) under the Child Abduction and Enforcement of Custody Orders Act, 1991 ,

(h) in relation to an application for a decree of nullity, and

(i) under this Act.

(7) The function conferred on a health board by subsection (2) shall be a function of the chief executive officer of the board.

48. —For the avoidance of doubt, it is hereby declared that the reference in section 5 (1) of the Family Law Act, 1981 , to the rules of law relating to the rights of spouses in relation to property in which either or both of them has or have a beneficial interest shall relate and be deemed always to have related only to the rules of law for the determination of disputes between spouses, or a claim by one of them, in relation to the beneficial ownership of property in which either or both of them has or have a beneficial interest and, in particular, does not relate, and shall be deemed never to have related, to the rules of law relating to the rights of spouses under the Act of 1965, the Family Home Protection Act, 1976 , the Act of 1989 or this Act.

49. —Where a payment to which section 3 of the Finance Act, 1983 , applies is made in a year of assessment (within the meaning of the Income Tax Acts) by a spouse who is a party to a marriage, that has been dissolved, for the benefit of the other spouse and—

(a) the dissolution was under the law of a country or jurisdiction other than the State, being a divorce that is entitled to be recognised as valid in the State,

(b) both spouses are resident in the State for tax purposes for that year of assessment, and

(c) neither spouse has entered into another marriage,

then, the provisions of section 4 of the Finance Act, 1983 , shall, with any necessary modifications, have effect in relation to the spouses for that year of assessment as if their marriage had not been dissolved.

50. —(1) Subject to subsection (3), stamp duty shall not be chargeable on an instrument by which property is transferred pursuant to an order to which this subsection applies by either or both of the spouses who were parties to the marriage concerned to either or both of them.

(2) Section 74 (2) of the Finance (1909-10) Act, 1910, shall not apply to a transfer to which subsection (1) applies.

(3) (a) Subsection (1) applies to a relief order made following the dissolution of a marriage.

(b) Subsection (1) does not apply in relation to an instrument referred to in that subsection by which any part of or beneficial interest in the property concerned is transferred to a person other than the spouses concerned.

51. —(1) Notwithstanding the provisions of the Capital Acquisitions Tax Act, 1976 , a gift or inheritance (within the meaning, in each case, of that Act) taken by virtue or in consequence of an order to which this subsection applies by a spouse who was a party to the marriage concerned shall be exempt from any capital acquisitions tax under that Act and shall not be taken into account in computing such a tax.

(2) Subsection (1) applies to—

(a) a relief order or an order under section 25 made following the dissolution of a marriage,

(b) a maintenance pending relief order made following the granting of leave under section 23 (3) to a spouse whose marriage has been dissolved, and

(c) an order referred to in section 41 (a), or an order under section 42 (1) made in addition to or instead of an order under section 41 (a), in favour of a spouse whose marriage has been dissolved.

52. —(1) Notwithstanding the provisions of the Capital Gains Tax Acts, where, by virtue or in consequence of—

(a) an order made under Part II on or following the granting of a decree of judicial separation, or

(b) a deed of separation, or

(c) a relief order made following the dissolution of a marriage,

either of the spouses concerned disposes of an asset to the other spouse, both spouses shall be treated for the purposes of those Acts as if the asset was acquired from the spouse making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the spouse making the disposal:

Provided that this subsection shall not apply if, until the disposal, the asset formed part of the trading stock of a trade carried on by the spouse making the disposal or if the asset is acquired as trading stock for the purposes of a trade carried on by the spouse acquiring the asset.

(2) Where subsection (1) applies in relation to a disposal of an asset by a spouse to the other spouse, then, in relation to a subsequent disposal of the asset (not being a disposal to which subsection (1) applies), the spouse making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the other spouse's acquisition or provision of the asset had been his or her acquisition or provision of the asset.

(3) This section shall not apply to disposals made before its commencement.

53. —Subsection (1) of section 115A of the Finance Act, 1993 (which was inserted by the Finance Act, 1994 , and provides for the abatement or postponement of probate tax payable by a surviving spouse)—

(a) shall apply to a spouse in whose favour an order has been made under section 25 as it applies to a spouse referred to in the said section 115A, and

(b) shall apply to property or an interest in property the subject of such an order as it applies to the share of a spouse referred to in the said section 115A in the estate of a deceased referred to in that section or the interest of such a spouse in property referred to in that section,

with any necessary modifications.

54. —(1) The Family Home Protection Act, 1976 , is hereby amended—

(a) in section 2, by the substitution of the following subsection for subsection (2):

“(2) In subsection (1), ‘dwelling’ means any building or part of a building occupied as a separate dwelling and includes any garden or other land usually occupied with the dwelling, being land that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes, and includes a structure that is not permanently attached to the ground and a vehicle, or vessel, whether mobile or not, occupied as a separate dwelling.”,

(b) in section 3—

(i) by the substitution in subsection (1) of “subsections (2), (3) and (8)” for “subsections (2) and (3)”, and

(ii) by the insertion of the following subsections after subsection (7):

“(8) (a) (i) Proceedings shall not be instituted to have a conveyance declared void by reason only of subsection (1) after the expiration of 6 years from the date of the conveyance.

(ii) Subparagraph (i) does not apply to any such proceedings instituted by a spouse who has been in actual occupation of the land concerned from immediately before the expiration of 6 years from the date of the conveyance concerned until the institution of the proceedings.

(iii) Subparagraph (i) is without prejudice to any right of the other spouse referred to in subsection (1) to seek redress for a contravention of that subsection otherwise than by proceedings referred to in that subparagraph.

(b) A conveyance shall be deemed not to be and never to have been void by reason of subsection (1) unless—

(i) it has been declared void by a court by reason of subsection (1) in proceedings instituted—

(I) before the passing of the Family Law Act, 1995, or

(II) on or after such passing and complying with paragraph (a),

or

(ii) subject to the rights of any other person concerned, it is void by reason of subsection (1) and the parties to the conveyance or their successors in title so state in writing before the expiration of 6 years from the date of the conveyance.

(c) A copy of a statement made for the purpose of subparagraph (ii) of paragraph (b) and certified by, or by the successor or successors in title of, the party or parties concerned (‘the person or persons’) to be a true copy shall, before the expiration of the period referred to in that subparagraph, as appropriate, be lodged by the person or persons in the Land Registry for registration pursuant to section 69 (1) of the Registration of Title Act, 1964 , as if statements so made had been prescribed under paragraph (s) of the said section 69 (1) or be registered by them in the Registry of Deeds.

(d) Rules of court shall provide that a person who institutes proceedings to have a conveyance declared void by reason of subsection (1) shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Judgments (Ireland) Act, 1844.

(9) If, whether before or after the passing of the Family Law Act, 1995, a spouse gives a general consent in writing to any future conveyance of any interest in a dwelling that is or was the family home of that spouse and the deed for any such conveyance is executed after the date of that consent, the consent shall be deemed, for the purposes of subsection (1), to be a prior consent in writing of the spouse to that conveyance.”, and

(c) in section 10, by the substitution of the following subsection for subsection (5)—

“(5) (a) The District Court shall, subject to subsection (3), have all the jurisdiction of the High Court to hear and determine proceedings under this Act where the rateable valuation of the land to which the proceedings relate does not exceed £20.

(b) The District Court shall, subject to subsection (3), have jurisdiction to deal with a question arising under section 9 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed, as the case may be, does not exceed £5,000 or where such chattels are or immediately before such disposal or removal, were in a family home the rateable valuation of which does not exceed £20.

(c) The District Court may, for the purpose of determining whether it has jurisdiction in proceedings under this Act in relation to a family home that has not been given a rateable valuation or is the subject with other land of a rateable valuation, determine that its rateable valuation would exceed, or would not exceed, £20.”.

(2) The amendment effected by subsection (1) (a) does not apply in relation to—

(a) any conveyances referred to in section 3 of the Family Home Protection Act, 1976 , the dates of which are,

(b) any proceedings under or referred to in that Act which are instituted,

(c) any thing referred to in section 6 of that Act which is done, and

(d) any transactions referred to in section 14 of that Act which occur,

before the commencement of this section.

(3) Where a court, when granting a decree of judicial separation under the Act of 1989, orders that the ownership of the family home shall be vested in one of the spouses, it shall, unless it sees reason to the contrary, order that section 3 (1) (prior consent of spouse to conveyance of interest in family home) of the Family Home Protection Act, 1976 , shall not apply to any conveyance by that spouse of an interest in the home and, if the court so orders, the said section 3 (1) shall have effect accordingly.

55. — Section 2 of the Child Abduction and Enforcement of Custody Orders Act, 1991 , shall be amended as follows:

(a) “‘the Minister’ means the Minister for Equality and Law Reform” shall be substituted for the definition of “the Minister”, and

(b) “the Minister for Justice” shall be substituted for “the Minister” in the definition of “probation and welfare officer”.