He continued “at the very least there is a need for a review, to see how our divorce laws are working in a changed society”.

Senator Browne, whose work on the issue of prenuptial
agreements was instrumental in Justice Minister Michael McDowell’s
decision to set up a study group on that issue, expressed concern on
the effect of the current law on “the family farm and small
businesses”.

Under those laws as they now stand, someone who had been married for a
very short period of time could walk away with 50 per cent of their
former partner’s assets, he claims. Under the current law, spouses must
make “proper provision” as distinct from “adequate provision” for the
partner who leaves the marriage.

While he acknowledged that “no-one should be left without a roof over
their head” after a divorce, he went on to point out that the “proper
provision” requirement creates difficulties “when the the family is
used to three of four holidays before the separation, and the spouse
paying maintenance is still expected to provide this standard of
living”.

Situations where marriages break up after six months where the
blameless spouse faces a claim for 50 per cent of their home from
someone who has moved in with a new boyfriend or mistress need to be
looked at, he said.