​The legal effect of a YES vote

If a majority votes Yes, then the Constitution will change.

  1. The Constitution will no longer require a person applying for a divorce to have lived apart from his or her spouse for at least four years. The minimum period of four years of living apart set out in the Family Law (Divorce) Act 1996 will continue to apply, unless and until the Oireachtas changes the law.
  2. The Oireachtas already has power to make laws recognising foreign divorces. This power will be made explicit in the Constitution.The explicit constitutional prohibition on a person remarrying in the State who has obtained a foreign divorce not recognised under Irish law will be removed. It will still be prohibited for a person to remarry in the State unless their foreign divorce is recognised under Irish law.

The legal effect of a NO vote

If a majority votes No, then the Constitution will remain unchanged.

  1. The Constitution will continue to require that those applying for a divorce must have been living apart for at least four out of the previous five years. The Oireachtas will not have the power to change this.
  2. The existing power of the Oireachtas to make laws recognising foreign divorces will not change. The explicit constitutional prohibition on a person remarrying in the State who has obtained a foreign divorce not recognised under Irish law will remain.

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