One vote, two proposed changes
On the 24th May 2019, you are being asked whether or not to change the current Article 41.3 of the Constitution.
The present Article 41.3
- The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.
Proposed change no.1
To remove this section and renumber the subsequent clauses
- A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied
- at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years,
- there is no reasonable prospect of a reconciliation between the spouses,
- such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and
- any further conditions prescribed by law are complied with.
- No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Consititution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.
Proposed change no.2
to replace this section with the text as following: Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.