Financial provision on marital breakdown in Ireland : a comparative and empirical study

Abstract

This thesis examines property division and financial provision on matrimonial breakdown in Ireland. The primary question addressed is whether Ireland should move from a separation of assets approach, ameliorated by equitable distribution, to a regime of community property or automatic sharing. The thesis draws on extensive academic literature regarding the basis for sharing matrimonial property and on sociological data regarding the operation and effects of particular property distribution approaches. Comparative approaches to matrimonial property are analysed using primary and secondary sources. Original research methods were used for Chapters 4 and 5 to create a detailed picture of the Irish system for dealing with matrimonial property issues. Chapter 4 contains a qualitative analysis of semi-structured interviews conducted with 61 Irish legal practitioners specialising in family law. Practitioners interviewed included solicitors in private practice. Legal Aid solicitors and barristers, and were based in multiple locations. Answers were analysed using SPSS to identify particular themes and concerns within Irish family law regarding matrimonial property division on divorce and separation. Chapter 5 contains a quantitative analysis of 89 divorce, separation and judicial separation cases, details of which were provided by interviewed solicitors. Data provided were analysed using SPSS, resulting in a ‘snapshot’ of families involved in family law cases, their means and needs, case outcomes and the reasons (if any) given for property orders.