During this period, however, there was a substantial
amount of public debate about divorce and its implications to society. In 1926 the
Daily passed Motion 8, calling on the government to “provide by law for a separate
dissolution in the event of a breach of marriage or of rights arising out of that
marriage”. In 1929 the government promised to meet the demand and introduced legislation to create the
Divorce Act 1929. The first section of this Act was very similar to the present Domestic
Settlement Act 1997; it created a decree of divorce and provided for the dissolution of marriages in the
event of a breach of faith. Section 5 provided:
5. The court may make an order under this section either upon the application of either party, the court having due regard
to the interests of the parties as well as to any relevant factors, including any damage caused to either party by the
non-performance of a previous court order relating to the maintenance order, the effect of the non-performance upon
the earning capacity or personal and mental health of either party, any children of either
party or third parties, the effect of the entry of the order in a public register or on any other
factors it considers to be relevant.
The second section of the Act provided as follows:
10. The decree of divorce shall be conclusive on any third party and shall have the same
effect on proceedings against a person for any offense in respect of which the
ordinance may have been made. It shall be of no further force to any person against whom an order for
divorce is pronounced.
Section 11 provided for a form of dissolution of marriage and provided in the following words:
11. Divorce decrees, whether made in accordance with the preceding section or any
other, shall not preclude either party in respect of any proceeding by or against the other party in
respect of any matter arising out of the marriage.
It is not known whether any decree of divorce was made following the Motion 8 of 1926, but if such a decree
was made, it would not have been enforceable if the parties to the marriage had remarried within the 2
years following the date the decree was entered. In any event I am not aware that there were any
remarriages made during this period.
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Grounds for Divorce and Maintenance Between Former SpousesGROUNDS FOR DIVORCE AND MAINTENANCE BETWEEN
FORMER SPOUSES
REPUBLIC OF IRELAND
Geoffrey Shannon
Law Society of Ireland, Dublin
August 2002
A.
1.GENERAL
What
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