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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

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(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 .
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(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.”.
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(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.
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(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
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(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.
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Amendment of Child Abduction and Enforcement of Custody Orders Act, 1991.

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55.—

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Section 2

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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”.

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SCHEDULE Enactments Repealed

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Section 3

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.

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Year & Chapter or Number & Year Short Title Extent of Repeal 1844, c.81 Marriages (Ireland) Act,1844 In section 9, “, and that they are both of the full age of twenty-one years, or, when either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such party is a widower or widow, as the case may be”

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Sections 19 and 25 In section 22, “, and that they are both of the full age of twenty-one years, or, where either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such party is a widower or widow, as the case may be”

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1868, c.20 Legitimacy Declaration Act, (Ireland), 1868

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Section 1

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1863, c. 27 Marriage Law (Ireland) Amendment Act, 1863 In section 4, the words from “and when either of the Parties intending marriage” to “whose consent to such Marriage is by Law required;”

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In Schedule (B), the fourth paragraph 1870, c.110 Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 In section 35, the words “Whenever a marriage shall not be had within three calendar months after the notice shall have been so given to the person so appointed as aforesaid, the notice, and any licence which may have been granted thereupon, shall be utterly void.” and the words “, and that they are both of the full age of twenty-one years, or, where either of the parties shall be under the age of twenty-one years, that the consent of the person or persons whose consent to such marriage is required by law has been obtained thereto, or that there is no person having authority to give such consent, or that such person is a widower or widow, as the case may be”

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Section 41

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No. 5 of 1957 Married Women's Status Act, 1957

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Section 12

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No. 30 of 1972 Marriages Act, 1972 Sections 1 and 18 No. 6 of 1989 Judicial Separation and Family Law Reform Act, 1989

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Part II (other than section 25) and

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sections 39 and 40 Acts Referred to Adoption Acts, 1952 to 1991 Capital Acquisitions Tax Act, 1976 1976, No. 8 Child Abduction and Enforcement of Custody Orders Act, 1991 1991, No. 6 Defence Act, 1954 1954, No. 18 Enforcement of Court Orders Act, 1940 1940, No. 23 Family Home Protection Act, 1976 1976, No. 27 Family Law Act, 1981 1981, No. 22 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Family Law (Protection of Spouses and Children) Act, 1981 1981, No. 21 Finance (1909-10) Act, 1910 10 Edw. 7, c. 8 Finance Act, 1972 1972, No. 19 Finance Act, 1983 1983, No. 15 Finance Act, 1993 1993, No. 13 Finance Act, 1994 1994, No. 13 Guardianship of Infants Act, 1964 1964, No. 7 Income Tax Act, 1967 1967, No. 6 Insurance Act, 1989 1989, No. 3 Judgments (Ireland) Act, 1844 1844, c. 90 Judicial Separation and Family Law Reform Act, 1989 1989, No. 6 Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993 Legitimacy Declaration Act, (Ireland), 1868 1868, c. 20 Maintenance Act, 1994 1994, No. 28 Marriages Act, 1972 1972, No. 30 Marriages (Ireland) Act, 1844 1844, c. 81 Marriage Law (Ireland) Amendment Act, 1863 1863, c. 27 Married Women's Status Act, 1957 1957, No. 5 Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 1870, c. 110 Partition Act, 1868 1868, c. 40 Partition Act, 1876 1876, c. 17 Pensions Act, 1990 1990, No. 25 Registration of Marriages (Ireland) Act, 1863 1863, c. 90 Registration of Title Act, 1964 1964, No. 16 Status of Children Act, 1987 1987, No. 26 Succession Act, 1965 1965, No. 27 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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