Why are we leaving divorce in the Constitution at all?

We’re being asked to remove the minimum living-apart period. But that will leave other provisions on divorce in the Constitution that have no place there at all

Elaine Byrne - avatar

Elaine Byrne

31st March, 2019
Josepha Madigan, the minister for Culture, Heritage and the Gaeltacht Pic: Fergal Phillips

Ireland will hold its third referendum on divorce this May.

Josepha Madigan’s private members’ Bill to modernise Ireland’s divorce laws proposes to remove the four-year minimum living apart period contained in Article 41.3.2 of the Constitution. Ireland’s waiting time for divorce is one of the longest in the world and the government is recommending a reduced term of two years to be defined by legislation.

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