# Alienation of Affection



## 091october (10 Mar 2011)

Can a spouse sue the third party 'repsonsible' for the break up of marraige in the Republic of Ireland?


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## mf1 (10 Mar 2011)

No. 

But I have to ask the question - why would anyone even consider the concept? If a marriage breaks up, isn't that a matter for the two spouses alone to deal with? And if one spouse has allowed their affection for the other spouse to be alienated, are'nt they the one responsible? Unless we are drifting back to a time when a spouse was a mindless chattel, capable of being seduced  but incapable of resisting? 

Wanders off, shaking head in disbelief!

mf


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## dewdrop (10 Mar 2011)

Out of curiousity i searched to see when this type of action ceased in this country and to my surprise i see it is alive and well in 7 States in the USA and in fact there is a current case in the North Caroline court whose Supreme Court sharply rebuked a lower Court which said this type of action had no continuing basis.


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## Padraigb (11 Mar 2011)

I have a vague memory of a case in Donegal in the 1960s, and I think the plaintiff (an aggrieved husband) was successful. The whole thing was redolent of the idea of wife-as-property.

I also have an impression that the law was amended shortly afterwards, but I might be mistaken on that: perhaps there was talk of amending the law, but no action on it. I rather think that changing attitudes around that time put an end to the idea of putting the blame on the outside party, so that amending the law might have been redundant..


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## gabhain7 (12 Mar 2011)

S. 1 Family Law Act 1981
(1) After the passing of this Act, no action shall lie for criminal conversation, for inducing a spouse to leave or remain apart from the other spouse or for harbouring a spouse.


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