Democracy
European Elections
Local Elections
Constitutional Amendment.
If its in the constitution it can only be change by a public vote. To change a law it only needs 50% + 1 for the motion to pass or fail. This one is about changing the divorce law.
The referendum proposes to remove from the Constitution the minimum four year living-apart period contained in Article 41.3.2 and will also replace the existing recognition of foreign divorces with updated provisions.
The other constitutional requirements – that only a court may grant a divorce, that there is no prospect of reconciliation and that there will be proper provision for the spouses and children – will continue in force as part of the Constitution.
The effect of the proposed amendment to Article 41.3.2 will be that the Constitution would no longer provide for a minimum living apart period, but that such a period could be defined in law by the Oireachtas (Parliament).
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