The Gazette 1989

GAZETT INCORPORATE D LAW SOCIETY OF IRELAND Vol. 83 No. 9 Septembe r 1389

SEPTEMBER 1989

GAZETTE

Viewpoint

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Safety, Health & Welfare at Work Act, 1989

301 308 313 316

President's Column Practice Notes People & Places

Viewpoint The Judicial Separation and Family Law Reform Act 1989 comes into operation on the 19th October next. This is the first Private Member's Bill to become law for three decades and history will show it to be a very significant piece of legislation wi th implica- tions for society in general as well as the profession. The practice of Family Law has unfortunately not been a priority within the profession, with those that do practise in this area not always regarded as "real lawyers". The statistics however, show that marital breakdown is on the in- crease and the legal implications of such breakdown on property, in- come and capital, on wills and probate are extensive. The pro- fession must be able to meet the needs of those who find them- selves in this situation and must in particular familiarise themselves with the provisions of the new Act. The Judicial Separation Act now places a responsibility on any solicitor acting for either the applicant or the respondent to discuss with them the possibility of reconciliation, the process of mediation and the advantages of concluding matters by Deed of Separation and certify to the court that such discussion has taken place. In the case of reconciliation and mediation, a list of qualified persons or agencies must also be furnished. The question is - are such persons and agencies freely available? Marriage counselling services are run mainly by volun- tary groups wi th the help of some government funding. The Pilot Scheme on Family Mediation which completed its three year pro- gramme in July last only received a committment to continuation of its service during the election

campaign. There are only limited s t a t u t o ry based se r v i ces for families in crisis despite the elevated position of the family in the Constitution. Further resources are required. The grounds for application to the court for a decree of judicial separation have been broadened to include not only adultery and cruelty (or unreasonable behaviour) but also desertion and separation (with and without consent for one or three years respectively) and finally where the marriage has broken down to such an extent that a "normal marital relationship" has not existed for one year prior to the application. "Normal marital re- lationship" is, of course not defined in the Act and will make for in- teresting judicial interpretation! This ground is designed to cover a marriage which has irretrievably broken down and/or where a couple are separated in all respects except that they continue to reside in the same house. The power of the court to make ancilliary financial, property, cus- tody and other orders is now very extensive and will cover areas of property, succession and trusts. The court can award periodical payments (both secured and un- secured) for maintenance. It can make lump sum orders in addition to periodical payments. It can also make property adjustment orders which include ordering transfers of property, placing property in settle- ment, varying the entitlement of spouses under existing settlements and extinguishing or reducing such entitlements. The extinguishment of succession rights is left to the discretion of the court to decide at the time of granting the decree or at any time thereafter. Contd. on page 3J5.

Service of Documents by Fax Capital Acquisitions Tax and the Favourite Nephew Relief Compensation Fund held liable to Bank on basis of Fraudulent Undertaking 327 Younger Members News 329 Correspondence 331 Professional Information 333 • 318 321

* Executive Editor: Mary Gaynor Committee: Geraldine Clarke, Chairman Eamonn G. Hall, Vice-Chairman John F. Buckley Gary Byrne Patrick McMahon Charles R. M. Meredith Advertising: Seán Ó hOisín. Telephone: 305236 307860 Printing: Turner's Printing Co. Ltd., Longford. * The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Daire Murphy John Schutte

Published at Blackhall Place, Dublin 7. Tel.: 710711. Telex: 31219. Fax: 710704.

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