Ireland's divorce laws are in need of 'a fundamental examination' according to Fine Gael Senator Fergal Browne. Irish divorce, awarded on a "no fault" basis, sometimes leads to unfair results, the Senator feels. And he seems to have an unlikely ally: Justice Minister Michael McDowell.
Speaking to The Sunday Independent Senator Browne said: 'at the very least there is a need for a review, to see how our divorce laws are working in a changed society'.
The FG senator, whose work on the issue of prenuptial agreements was instrumental in Justice Minister Michael McDowell's decision to set up a study group on that issue, expressed concern about the impact of the current law on 'the family farm and small businesses'.
Under those laws as they now stand, someone who had been married for a very short period of time could walk away with 50 per cent of their former partner's assets, he claims. Under the current law, spouses must make 'proper provision' as distinct from 'adequate provision' for the partner who leaves the marriage.
While the senator accepted that 'no-one should be left without a roof over their head' after a divorce, he went on to point out that the 'proper provision' requirement creates difficulties 'when the family is used to three of four holidays before the separation, and the spouse paying maintenance is still expected to provide this standard of living'.
Situations where marriages break up after six months where the blameless spouse faces a claim for 50 per cent of their home from someone who has moved in with a new boyfriend or mistress need to be looked at, he said.
Justice Minister Michael McDowell has also expressed concerns about this issue. In a recent Seanad debate, Minister McDowell said that no fault divorce posed difficult and unaviodable questions. 'If one person is manifestly responsible for the end of the marriage, should he or she profit for his or her actions or behaviour?' he asked.
At present, there are no plans to examine current Irish divorce law. Senator Browne's possible coalition partners, the Labour party, have rejected any idea of looking at the issue anew.