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MUNINN

MUNINN - Grand View University

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Ireland’s 1937 Constitution <strong>MUNINN</strong> Volume 2 (2013)in 1996, the Fine Gael party, with the support of a considerable amountof women, campaigned for another referendum to attempt to pass theFifteenth Amendment. After tense public debates over the amendment,the divorce ban was lifted by a slim margin of 50.2% in favor and49.7% against. 27 The Fifteenth amendment deleted Article 41.3.2 andsubstituted it with these strict provisions:A Court designated by law may grant dissolution of Marriagewhere, but only where, it is satisfied that (i) at the date of theinstitution of the proceedings, the spouses have lived apartfrom another for a period of, or periods amounting to, at leastfour years during the previous five years. (ii) There is noreasonable prospect of a reconciliation between the spouses,(iii) such provisions as the Court considers proper havingregard to the circumstances exists or will be made for thespouses, any children of either or both of them and any otherperson prescribed by the law, and (iv) any further conditionsprescribed by law are complied with. 28Today, divorce is permitted under specific circumstances, but the IrishSupreme Court is still limited in jurisdiction and the appellate courtsare annually flooded with messy divorce cases. Examples include thepreviously mentioned case dealing with an estate and business equalingthirteen million US dollars, but complexities exist in smaller suits,especially those with children. Before the referendum was even passed,the Supreme Court was faced with a case regarding a man who waslegally separated from his wife for ten years, but filed for a divorce inOhio; the man later remarried another woman for seventeen years. Thecouple had two children before deciding to end the marriage and filefor divorce. The Irish Supreme Court, under strict provisions, ruled thatthe Ohio decree was issued without proper jurisdiction was thereforenull and void. This left the Irish Supreme Court with the difficulty ofdeciding whether the other woman was technically his wife, if theirchildren were born out of wedlock, and if the other woman should belegally compensated. 29 This just another example of the ways the legalrestrictions on divorce impact Irish women and society.Women are also struggling with the ban of abortion in DeValera’s 1937 Constitution. The campaign for legalizing abortion hasbeen a long and controversial process in Ireland, just as in othercountries. A majority of Irish women believe in order to have true27Carrow’s Irish Law Links.28Carrow’s Irish Law Links; Robert Clarkson, Divorce 101: Divorce Procedure inNorthern Ireland. Find UKLaw.com. August 27, 2009. Website:findlaw.co.uk/solicitor/2009/08/divorce-101-divorce-procedure-in-northern-ireland-10.html. In comparison, Northern Ireland has three less lengthy stages: Divorcepetition, decree nisi, and decree absolute.29Carrow’s Irish Law Links.46

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