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Statute

  • 03-01-2010 11:08pm
    #1
    sarahchristinem
    Registered Users, Registered Users 2 Posts: 42 ✭


    Hi,

    Can anyone tell me what 'rstrct' stands for in relation to amendments to statute?

    To put it in context, how would you describe the following amendments to the Family Law Act 1981;

    S.5 (1) clarification. 26/1995, ss. 1 (2) (a), 48

    S.5 (1) rstrct. 26/1995, ss. 1 (2), 48

    Thanks,

    Sarah


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    It means the application of s.5 of the Family Law Act 1981 was restricted by s. 48 of the Family Law Act 1995.

    Section 5 of the Family Law Act 1981 says that when two people are engaged, and jointly own property, if the engagement is cancelled the family law procedures governing splitting jointly owned property when a husband and wife are getting separated or divorced apply.

    S. 48 of the Family Law Act 1995 restricts the application of section 5. It declares that section 5 does not, and never did apply the Family Home Protection Act of 1976 to the property of fiancees. This law requires that a spouse get the written consent of another spouse before disposing of the family home.

    There was ambiguity before s. 48 as whether the FHPA applied to engaged couples if they joint owned a "family home". s. 48 resolves the issue by restricting the application of s. 5


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