Family Law Act 2019

What is this act about?

This law amends existing family law acts concerning judicial separation, divorce, and civil partnership dissolution, and provides for the recognition of certain divorces, legal separations, and marriage annulments from the United Kingdom or Gibraltar.

Who it applies to: Spouses seeking judicial separation or divorce; Civil partners seeking dissolution of their civil partnership.

At a glance

Country: Ireland
Area of law: Family law
Articles: 7
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The conditions for obtaining a decree of judicial separation.
The conditions for obtaining a decree of divorce.
The conditions for obtaining a decree of dissolution of civil partnership.
The recognition of divorces, legal separations, and marriage annulments granted in the United Kingdom or Gibraltar.

Who does this act apply to?

Spouses seeking judicial separation or divorce.
Civil partners seeking dissolution of their civil partnership.
Individuals whose divorces, legal separations, or marriage annulments were granted in the United Kingdom or Gibraltar.

What are the key points?

For judicial separation, the requirement for the respondent's consent to a decree being granted has been removed.
For divorce, the period spouses must have lived apart has been reduced from "at least four years during the previous five years" to "at least two years during the previous three years."
For judicial separation, divorce, and civil partnership dissolution, spouses or civil partners living in the same dwelling can be considered living apart if they do not live together as a couple in an intimate and committed relationship, and a relationship does not cease to be intimate merely because it is no longer sexual.
Divorces, legal separations, or marriage annulments granted in the United Kingdom or Gibraltar before this section came into operation, and previously recognised under the Council Regulation, will continue to be recognised.
Divorces, legal separations, or marriage annulments granted in the United Kingdom or Gibraltar after this section comes into operation will be recognised if certain residency or domicile requirements were met at the time proceedings were instituted, unless specific grounds for non-recognition apply (e.g., contrary to public policy, default judgment without proper service, irreconcilable with a judgment in the State or an earlier judgment from another state).

Legal guide

How to get a divorce in Ireland: conditions, steps and costs

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Social Welfare Act, 1987

Adoption Act, 1976

Family Law (Miscellaneous Provisions) Act, 1997

Family Leave and Miscellaneous Provisions Act 2021

Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020

Adoption (Amendment) Act 2017

Social Welfare Act, 1986

Child and Family Agency (Amendment) Act 2021

Family law

Legal text

Contents (7)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7

Family Law Act 2019 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2019 Family Law Act 2019 Family Law Act 2019 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 37 of 2019 FAMILY LAW ACT 2019 CONTENTS

PART 1

Preliminary and General Section

Section 1

1.Short title and commencement

PART 2

Amendments to Acts Relating to Family Law

Section 2

2.Amendment of section 2 of Judicial Separation and Family Law Reform Act 1989

Section 3

3.Amendment of section 5 of Family Law (Divorce) Act 1996

Section 4

4.Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 3

Recognition of Certain Divorces, Legal Separations and Marriage Annulments

Section 5

5.Definitions and application (Part 3)

Section 6

6.Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar before coming into operation of section

Section 7

7.Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar after coming into operation of section Acts Referred to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Domicile and Recognition of Foreign Divorces Act 1986 (No. 24) Family Law (Divorce) Act 1996 (No. 33) Judicial Separation and Family Law Reform Act 1989 (No. 6) Number 37 of 2019 FAMILY LAW ACT ACT 2019 An Act to amend the Judicial Separation and Family Law Reform Act 1989; to amend the Family Law (Divorce) Act 1996; to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; to make provision, in the event of the withdrawal of the United Kingdom from membership of the European Union occurring without an agreement between the United Kingdom and the European Union under Article 50 of the Treaty on European Union setting out the arrangements for such withdrawal, for the recognition of certain divorces, legal separations and marriage annulments granted in the United Kingdom or Gibraltar; and to provide for related matters. [25th October, 2019] Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Family Law Act 2019.

(2)This Act shall come into operation on such day or days as the Minister for Justice and Equality may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

PART 2

Amendments to Acts Relating to Family Law Amendment of section 2 of Judicial Separation and Family Law Reform Act 1989 2. (1) Section 2 of the Act of 1989 is amended— (a) in subsection (1) — (i) in paragraph (d), by the deletion of “and the respondent consents to a decree being granted”, and (ii) by the deletion of paragraph (e), (b) in subsection (2) — (i) in paragraph (b), by the deletion of “or (e)”, and (ii) by the substitution of “living apart from one another” for “not living with each other”, and (c) in subsection (3), by the substitution of the following paragraph for paragraph (a): “(a) For the purposes of this section— (i) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship, and (ii) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”.

(2)The amendments effected by subsection (1) shall apply to proceedings for the grant of a decree of judicial separation under the Act of 1989— (a) that are instituted on or after the date this section comes into operation, or (b) that have been instituted, and have not been concluded, prior to such date.

(3)In this section, “Act of 1989” means the Judicial Separation and Family Law Reform Act 1989 .

Amendment of section 5 of Family Law (Divorce) Act 1996 3. (1) Section 5 of the Act of 1996 is amended— (a) in subsection (1)(a), by the substitution of “at least two years during the previous three years” for “at least four years during the previous five years”, and (b) by the insertion of the following subsection after subsection (1): “(1A) For the purposes of this section— (a) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship, and (b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”.

(2)The amendments effected by subsection (1) shall apply to proceedings for the grant of a decree of divorce under the Act of 1996— (a) that are instituted on or after the date this section comes into operation, or (b) that have been instituted, and have not been concluded, prior to such date.

(3)In this section, “Act of 1996” means the Family Law (Divorce) Act 1996 .

Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 4. (1) Section 110 of the Act of 2010 is amended by the insertion of the following subsection after subsection (1): “(1A) For the purposes of this section— (a) civil partners who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the civil partners do not live together as a couple in an intimate and committed relationship, and (b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”.

(2)Section 172(6) of the Act of 2010 is amended— (a) by the substitution of “where the relationship concerned ends before the coming into operation of section 4

(2)of the Family Law Act 2019, an adult who” for “an adult who”, and (b) in paragraph (b), by the substitution of “lived apart (which term shall, in this section, be construed in accordance with section 5 (1A) of the Family Law (Divorce) Act 1996 )” for “lived apart”.

(3)The amendment effected by subsection (1) shall apply to proceedings for the grant of a decree of dissolution under the Act of 2010— (a) that are instituted on or after the date this section comes into operation, or (b) that have been instituted, and have not been concluded, prior to such date.

(4)In this section, “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

PART 3

Recognition of Certain Divorces, Legal Separations and Marriage Annulments Definitions and application (Part 3) 5. (1) In this Part— “Council Regulation” means Council Regulation (EC) No. 2201/2003 of 27 November 20031 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, as amended by Council Regulation (EC) No. 2116/2004 of 2 December 20042 amending Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, as regards treaties with the Holy See; “relevant jurisdiction” means— (a) England and Wales, (b) Scotland, (c) Northern Ireland, or (d) Gibraltar.

(2)

Section 5

of the Domicile and Recognition of Foreign Divorces Act 1986 shall not apply to a divorce to which section 6 or 7 applies.

Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar before coming into operation of section 6.A divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction that, prior to the coming into operation of this section, was recognised under the Council Regulation shall continue to be recognised.

Recognition of certain divorces, legal separations and marriage annulments granted in United Kingdom or Gibraltar after coming into operation of section 7. (1) This section shall apply to a divorce, legal separation or marriage annulment granted under the law of a relevant jurisdiction on or after the coming into operation of this section.

(2)A divorce, legal separation or marriage annulment to which this section applies shall, subject to subsection (3), be recognised if, at the date of the institution of the proceedings relating to the divorce, legal separation or marriage annulment concerned, at least one of the following requirements is satisfied: (a) the spouses were habitually resident in a relevant jurisdiction; (b) the spouses were last habitually resident in a relevant jurisdiction, insofar as one of them still resided there; (c) the respondent was habitually resident in a relevant jurisdiction; (d) the applicant— (i) was habitually resident in a relevant jurisdiction, and (ii) had resided there for at least a year immediately prior to that date; (e) either of the spouses was domiciled in a relevant jurisdiction.

(3)A divorce, legal separation or marriage annulment to which this section applies shall not be recognised— (a) if such recognition is manifestly contrary to public policy, (b) where the judgment in the proceedings relating to the divorce, legal separation or marriage annulment concerned (“the relevant judgment”) was given in default of appearance, if the respondent was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable the respondent to arrange for his or her defence unless it is determined that the respondent has accepted the judgment unequivocally, (c) if the relevant judgment is irreconcilable with a judgment given in proceedings between the same parties in the State, or (d) if the relevant judgment is irreconcilable with an earlier judgment given in a state other than the State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the State.

1 O.J. No. L338, 23.12.2003, p. 1 2 O.J. No. L367, 14.12.2004, p. 1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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