Divorce: Reform of the 15th Amendment

MadsL · 06-07-2015 06:05PM #1

The SSM referendum result is fantastic step forward for modern Ireland; however the 15th Amendment is now 20 years old, in my view there is a strong argument for removing the inhumane restrictions on divorce in Ireland and introducing mutually agreed, affordable, simple and relative fast no-fault divorce.

The 15th Amendment imposes a considerable amount of expense, pain and in many cases a sense of limbo on couples who wish to separate. Time to bring Irish law in line with other countries?

A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that—
i. at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years,
ii. there is no reasonable prospect of a reconciliation between the spouses,
iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and
iv. any further conditions prescribed by law are complied with.

ytpe2r5bxkn0c1 · 06-07-2015 06:22PM

This notion that Ireland must always be in line with other countries really gets my goat. Why? Are all laws elsewhere more perfect? Why not align with US law and let us all carry guns and have the death penalty. Let's charge huge amounts for 3rd level education. Why don't we let the unemployed fend for themselves? Sorry off topic but because others do something doesn't make them right.

On the poll: nay, let it stand.

The_Valeyard · 06-07-2015 06:23PM

Inhumane restrictions?

I think it helps stops sham or visa marriages. Also, we won't end up like Americans and marriage.

My name is URL · 06-07-2015 06:26PM

Lylah Melted Bedbug wrote: »

This notion that Ireland must always be in line with other countries really gets my goat. Why? Are all laws elsewhere more perfect? Why not align with US law and let us all carry guns and have the death penalty. Let's charge huge amounts for 3rd level education. Why don't we let the unemployed fend for themselves? Sorry off topic but because others do something doesn't make them right.

On the poll: nay, let it stand.

That would be right up Mads' street

MadsL · 06-07-2015 06:32PM

The_Valeyard wrote: »

Inhumane restrictions?

Do you think it fair to wait 5 years to marry again after a mutually agreed divorce?
Also are you aware that a divorcee whose divorce was in another country cannot marry in Ireland without permission from their ex?

I think it helps stops sham or visa marriages. Also, we won't end up like Americans and marriage.

Explain how the 5 year rule prevents sham marriages?? Confused???

The_Valeyard · 06-07-2015 06:33PM

MadsL wrote: »

Do you think it fair to wait 5 years to marry again after a mutually agreed divorce?
Also are you aware that a divorcee whose divorce was in another country cannot marry in Ireland without permission from their ex?

Yes.

Explain how the 5 year rule prevents sham marriages?? Confused???

so someone cannot legally get married, again, and again, and again, and aagain.....for profit.

SmilesInMass · 06-07-2015 06:34PM

Could we not just do away with marriage altogether?

RobertKK · 06-07-2015 06:34PM

What we need are legal pre-nuptial agreements.

strelok · 06-07-2015 06:36PM

americans divorce more often because quite a few of them get married at ludicrously young ages. it has **** all to do with the ease of getting a divorce

The_Valeyard · 06-07-2015 06:37PM

SmilesInMass wrote: »

Could we not just do away with marriage altogether?

Would save me a lot of money each summer.

ytpe2r5bxkn0c1 · 06-07-2015 06:51PM

MadsL wrote: »

Explain how the 5 year rule prevents sham marriages?? Confused???

No you're not.

MadsL · 06-07-2015 06:57PM

The_Valeyard wrote:

so someone cannot legally get married, again, and again, and again, and aagain.....for profit.

So the 99.9% of genuine cases should be punished to prevent the 0,1% of abuses?

How big is this problem your draconian measure isn't solving?

wp_rathead · 06-07-2015 07:10PM

RobertKK wrote: »

What we need are legal pre-nuptial agreements.

Rare enough I agree with you Rob, but you're dead right here

Teyla Emmagan · 06-07-2015 07:14PM

Yeah, I think the waiting period should be shortened. 4 or 5 years is an eternity to wait when you want to get on with your life. And with all the people who can't afford to live apart now if their relationship ends, I guess they're still classed as 'living together' when it comes to judging the waiting period? I actually had thought it was even longer than that, but in my opinion about 2 years would be more than fair.

NachoBusiness · 06-07-2015 07:16PM

Lylah Melted Bedbug wrote: »

This notion that Ireland must always be in line with other countries really gets my goat.

Resisting reformation of the 15th Amendment is pointless. If your goat wants to leave, she will.

SeanW · 06-07-2015 07:22PM

Lylah Melted Bedbug wrote: »

This notion that Ireland must always be in line with other countries really gets my goat. Why? Are all laws elsewhere more perfect? Why not align with US law and let us all carry guns and have the death penalty. Let's charge huge amounts for 3rd level education. Why don't we let the unemployed fend for themselves? Sorry off topic but because others do something doesn't make them right.

On the poll: nay, let it stand.

I have a friend who is in precisely this predicament. His marriage collapsed about a year or two ago, yet he's still "married" to the ex even though their relationship is over, full stop, and they're stuck in this state of affairs for years to come. What's the point?

so someone cannot legally get married, again, and again, and again, and aagain.....for profit.

There are ways to deal with sham marriages. There are plenty of things the government could do, but they're too busy pandering to bank bondholders, Eurocrats, radical feminists, Islamists and other assorted vermin to give a damn.

Besides there plenty of other ways illegals can abuse the immigration system, sham marriages are just one of many.

osarusan · 06-07-2015 07:39PM

I don't really see why people want to look at this from the context of aping America, or else not wanting to be aping America.

Just look at the current situation on its own merits.

The current period outlined in (i) seems very long - I'd say that it could definitely be shortened significantly to say 18 months or even a year, in the even that both parties are satisfied that no reconciliation is possible at that time.

Junglewoman · 06-07-2015 07:46PM

Teyla Emmagan wrote: »

Yeah, I think the waiting period should be shortened. 4 or 5 years is an eternity to wait when you want to get on with your life. And with all the people who can't afford to live apart now if their relationship ends, I guess they're still classed as 'living together' when it comes to judging the waiting period? I actually had thought it was even longer than that, but in my opinion about 2 years would be more than fair.

You can occupy the same home and live separate lives. This doesn't impact on the waiting period. You just need an approximate date when the marriage broke down. This is what happened in my case.

Not a NSA agent · 06-07-2015 07:55PM

If 2 people what to get a divorce I dont see what is achieved by dragging it out.

What we currently have was probably just to appease the "traditional family" folk

MadsL · 06-07-2015 09:12PM

Lylah Melted Bedbug wrote: »

This notion that Ireland must always be in line with other countries really gets my goat. Why? Are all laws elsewhere more perfect?

So your objection is that Ireland should be 'different'? Ireland has quite the long tail when it comes to social reform. Let's examine that against our nearest neighbour and most closely aligned legal code, the UK

Abortion: Still mostly illegal vs 1967
Same sex marriage: 2015 vs 2013
Same sex civil partnerships: 2010 vs 2004
Decriminalisation of homosexuality: 1993 vs 1967 (!)
Birth control (pill): 1961 vs 1980

Could you explain why delaying these type of social reform practices benefits the Irish people, unless of course you are arguing that you do not support such reforms.

Why not align with US law and let us all carry guns and have the death penalty. Let's charge huge amounts for 3rd level education. Why don't we let the unemployed fend for themselves? Sorry off topic but because others do something doesn't make them right.

You are aware that the death penalty was finally consitutionally abolished only in 2001, some 16 US states had already abolished it at that point and currently 20 states have no death penalty. As for guns, every citizen in Ireland may apply for a gun license to legally hold a firearm.

ytpe2r5bxkn0c1 · 06-07-2015 09:33PM

MadsL wrote: »

So your objection is that Ireland should be 'different'?

currently 20 states have no death penalty. .

Ah No! Not what I said, and you know it. I did not object to an amendment on those grounds at all but said this constant argument that we should follow the rules elsewhere is most annoying and not a valid reason to do anything.

I could go on all night about social inequality in the USA, having spent many years there, but I couldn't be bothered. Suffice to say I experienced their education and health services. As for growing old there......

Gee 20 states with no death penalty...now let me see...how many states are there? 50, isn't it?

MadsL · 06-07-2015 09:44PM

Lylah Melted Bedbug wrote: »

Ah No! Not what I said, and you know it. I did not object to an amendment on those grounds at all but said this constant argument that we should follow the rules elsewhere is most annoying and not a valid reason to do anything.

I could go on all night about social inequality in the USA, having spent many years there, but I couldn't be bothered. Suffice to say I experienced their education and health services. As for growing old there......

Gee 20 states with no death penalty...now let me see...how many states are there? 50, isn't it?

So your sole argument for not reforming the 15A is because 30 states in the US have the death penalty. Wow. That's a stretch.

Why is it fine as it is? Because you get annoyed that people say that other countries are more progressive? How about you try and address the fact that there is not a simple civil method of divorce that citizens can use instead of the courts. Do you object to that?

How about debating the issue instead of throwing red herrings around?

ytpe2r5bxkn0c1 · 06-07-2015 09:50PM

You're the one raised social reform.

Look forget it. You are picking what you choose and ignoring everything else.

Goodnight, I'm up early to take the grandkids to the Zoo.

MadsL · 06-07-2015 09:53PM

Lylah Melted Bedbug wrote: »

You're the one raised social reform.

Look forget it. You are picking what you choose and ignoring everything else.

Goodnight, I'm up early to take the grandkids to the Zoo.

Ignoring what? Unless you really can show that these type of reforms leads Ireland to a path of social inequality as you claim, then I'm really only ignoring a very spurious reason to oppose reform.

zeffabelli · 06-07-2015 09:57PM

Yep it should be changed.

Now you have situations where people are still legally married but have started new families with new partners.

This combined with the cohabitation bill creates what is essentially a polygamous culture.

And then within that you have people who are still married, but have also split from ex cohabitees and end up with multiple an conflicting obligations.

Pherekydes · 06-07-2015 10:18PM

MadsL wrote: »

Also are you aware that a divorcee whose divorce was in another country cannot marry in Ireland without permission from their ex?

Not true. I remarried here without permission from my ex. With a decree absolute you are completely legally sundered from your ex.

pq0n1ct4ve8zf5 · 06-07-2015 10:24PM

Ìt should definitely be changed. A year or 18 months should be plenty long.

It says there "at the institution of proceedings" so does that mean if there's a dispute over assets or custody or anything that can only be begun to be dealt with after four years??? Scuse my ignorance

MadsL · 06-07-2015 10:59PM

Pherekydes wrote: »

Not true. I remarried here without permission from my ex. With a decree absolute you are completely legally sundered from your ex.

What country were you divorced in? The process from an EU country is accepted, however elsewhere the General Registrar requires significant documentation:

Where the divorce comes within EU regulations, it is sufficient to confirm that both parties to the divorce were notified of the proceedings and had an opportunity to give evidence to the court which granted the divorce.

- Where EU regulations do not apply, certain information as to place of birth, countries of residence and other relevant facts must be supplied on a questionnaire provided by the Registrar. The information is then forwarded to the General Register Office, whose consent must be obtained before the ceremony can take place.

In my own case the Registrar wanted an affidavit from my wife that her ex-husband acknowledged the divorce: since she no longer knows where he lives this blocked us getting married in the Republic as we could not obtain the necessary documentation. This effectively means that the ex can prevent the spouse from remarrying in Ireland. The UK has no such requirement and we married in NI.

darkpagandeath · 06-07-2015 11:03PM

The_Valeyard wrote: »

so someone cannot legally get married, again, and again, and again, and aagain.....for profit.

Links to facts on this one please.

darkpagandeath · 06-07-2015 11:06PM

Lylah Melted Bedbug wrote: »

This notion that Ireland must always be in line with other countries really gets my goat. Why? Are all laws elsewhere more perfect? Why not align with US law and let us all carry guns and have the death penalty. Let's charge huge amounts for 3rd level education. Why don't we let the unemployed fend for themselves? Sorry off topic but because others do something doesn't make them right.

On the poll: nay, let it stand.

Sure everyone else has water charges that's the reason we are getting them. :pac:

Jayop · 06-07-2015 11:10PM

I hate the fact that there has to be a guilty party in divorce and that a couple that want to split up have to go though a really arduous drawn out process. If people don't want to be together don't try to force them. It shouldn't be the easiest thing in the world and there should be a period of separation but 4/5 years is too much.

Divorce: Reform of the 15th Amendment

Does the 15A need reform? 140 votes

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