Financial provision on relationship breakdown in Ireland: A constitutional lacuna?

Abstract

In recent decades, legislation has had an extraordinary impact on personal property rights in the context of marital and relationship breakdown. Initially under the Judicial Separation and Family Law Reform Act 1989, and subsequently under the Family Law Act 1995 and the Family Law (Divorce) Act 1996, courts are empowered to make a wide range of ancillary property orders on judicial separation and divorce. These include orders for the sale or transfer of property, periodical payment orders, lump sum orders, pension adjustment orders and financial compensation orders.