Thirty-eighth Amendment of the Constitution of Ireland

The Thirty-eighth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which altered the provisions regulating divorce. It removed the constitutional requirement for a defined period of separation before a Court may grant a dissolution of marriage, and eased restrictions on the recognition of foreign divorces. The amendment was effected by an act of the Oireachtas, the Thirty-eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 (introduced as bill no. 57 of 2016).

Thirty-eighth Amendment of the Constitution of Ireland

24 May 2019 (2019-05-24)

To delete the requirement for a period of separation before proceedings for divorce could be initiated. To recognise foreign divorces
Results
Choice
Votes  %
Yes 1,384,192 82.07%
No 302,319 17.93%
Valid votes 1,686,511 97.65%
Invalid or blank votes 40,545 2.35%
Total votes 1,727,056 100.00%
Registered voters/turnout 3,397,636 50.83%
Source: referendum.ie

The bill as introduced did not propose the total deletion of a waiting period from the Constitution, merely a reduction in the required term. After amendments by the Oireachtas, the bill was put to a referendum on 24 May 2019, the same date as the local and European elections. The proposal was approved by 82% of voters. The bill was signed into law on 11 June 2019 by Michael D. Higgins, the President of Ireland.

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