On the 20th anniversary of the introduction of the Family Law (Divorce) Act 1996 in Ireland, this paper provides a descriptive account of the ancillary relief scheme applied in the jurisdiction on divorce and its critics. Part I presents a brief
overview of the context in which divorce was introduced in Ireland – notably
the pre-existing ban on divorce formerly found in Article 41.3.2° of the Irish Constitution – before outlining key aspects of the resulting
1996 legislation governing the provision of ancillary relief. Part II then
describes the difficulties which have arisen in the application of this
legislation, underlining, in particular, the unacceptable level of
inconsistency apparent in judicial decision-making and the lack of over-riding
principles. Part III finally places the spotlight on the lack of foreseeability
for couples seeking to reach an out-of-court settlement and highlights the need
for reform.