This article
considers the highly discretionary equitable redistribution scheme governing
ancillary relief in Ireland pursuant to the Family Law (Divorce) Act 1996. The
article begins by drawing on the most up-to-data empirical data highlighting
the principal difficulties inherent in the Irish ancillary relief system as
currently applied and placing the spotlight firmly on the need for reform. It
then considers the constitutional parameters which limit any change to the ancillary
relief system applied before presenting a detailed proposal for reform. It
concludes that although legislative change may be politically challenging, the
commonly cited constitutional impediments to reform do not preclude the
adoption of an alternative ancillary relief scheme. Instead, the article argues
the adoption of a more rule-oriented, ‘pillared’, approach to ancillary relief
provision may better resolve the challenges currently faced in Ireland and
ought to be afforded serious consideration in Ireland.