Family law (divorce) Act 1996 discrepancy?

MillerI

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Is the Act still in force? If so, is the necessary separation period 4 out of 5 years (instead of 2 out of 3 as the Courts service states)?

If the Act is incorrect in the prescribed separation period, is it incorrect in other parts as well?


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Updated in 2019 Family Law Act (source)

You and your spouse must live apart from one another for at least 2 out of the previous 3 years before you can apply for divorce. Before 1 December 2019, this was 4 out of the previous 5 years.

The Family Law Act 2019 (pdf) clarifies that ‘living apart’ includes couples who live in the same home as one another but are not living together as a couple in an intimate and committed relationship.
 
Thank you all! The amendments make it make sense. I just find it odd that the actual Act does not reflect the amendments, which is how the laws of my home country are published online (eg "amended by law xyz of [date])". Thanks again!!
 
The amendments make it make sense. I just find it odd that the actual Act does not reflect the amendments, which is how the laws of my home country are published online (eg "amended by law xyz of [date])".
Different countries have different practices in this regard.

The official legislation website in Ireland (www.irishstatutebook.ie) publishes the laws "as passed", which means that to know the current state of, e.g. the Family Law (Divorce) Act 1996 you have to look at the Act as originally enacted by the Oireachtas in 1996, plus all the Acts passed since 1996 that amend the 1996 Act. It's a pain, but it's made slightly easier by the fact that the website has a page for each Act that details all the later Acts that amend it.

Many other countries do the same. But still other countries publish the laws "as in force" which means that, when you look at their official legislation websites, they show the law as in force today, incorporating all the amendments. Which is useful if you want to know the law as in force today. But quite often you will want to know that law as in force at some date in the past (e.g. when particular events happened, that you are now engaged in legal proceedings about) and reconstructing that — i.e. identifying all the amendments made since that date and unpicking them them — can be difficult.

Although they don't have official standing, the Law Reform Commission does maintain a number of "Revised Acts" online. These are up-to-date online versions of a number of significant laws. They show the text of the Act incorporating all the amendments that have been made to a stated, fairly recent, date. Here's the LRC page for the Family Law (Divorce) Act 1996. It incorporates all amendments made up to 1 August 2022 and a note at the top says that, as of 31 January 2025, no further amendments had been made that were awaiting incorporation into the Revised Act.
 
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