[excerpts]

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

Maintenance pending suit, etc.

13.Where application is made for a judicial separation the court may make an order for maintenance pending suit, that is to say, an order requiring either spouse to make to the other spouse such periodical payments for the support of that other spouse and of such (if any) dependent children of the family, for such period beginning not earlier than the date of the application and ending not later than the date of the determination of that application, as the court considers proper.

Periodical payments and lump sum orders.

14.(1) On granting a decree of judicial separation or at any time thereafter the court may, on application to it by either spouse, make any one or more of the following orders-

(a) a periodical payments order, that is to say-

(i) an order that either spouse shall make to the other spouse such periodical payments of such amount and at such times as may be specified in the order; or

(ii) an order that either spouse shall make to such person as may be specified in the order for the benefit of a dependent child of the family such periodical payments of such amount and at such time as may be so specified;

(b) a secured periodical payments order, that is to say-

(i) an order that either spouse shall secure to the other spouse to the satisfaction of the court, such periodical payments as may be so specified; or

(ii) an order that a spouse shall secure to such person as may be so specified for the benefit of such dependent child of the family such periodical payments to the satisfaction of the court as may be so specified;

(c) an order that either spouse shall pay to the other spouse such lump sum or sums of such amount and at such time or times as may be so specified;

(d) an order that a spouse shall pay to such person as may be specified for the benefit of a dependent child of the family such lump sum or sums of such amount and at such time or times as may be so specified.

Property adjustment orders.

15.(1) On granting a decree of judicial separation or at any time thereafter, the court may, on application to it by either spouse, make a property adjustment order, that is to say, any one or more of the following orders-

(a) an order that a spouse shall transfer to the other spouse, to any dependent child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned spouse is entitled, either in possession or reversion;

(b) an order that a settlement of such property as may be so specified, being property to which a spouse is so entitled, be made to the satisfaction of the court for the benefit of the other spouse and of any dependent child of the family or any or all of those persons;

(c) an order varying for the benefit of the spouses and of any dependent child of the family or any or all of those persons any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses;

(d) an order extinguishing or reducing the interest of either of the spouses under any such settlement.

(2) The court may, following the granting of a decree of judicial separation, consider and determine whether an order or orders should be made by it in favour of a spouse under this section on one occasion only unless on that occasion a spouse wilfully conceals information of a material nature relevant to the making of any such order or orders.

Miscellaneous ancillary orders.

16.On granting a decree of judicial separation or at any time thereafter, the court may, on application to it by either spouse, make any one or more of the following orders:

(a) an order conferring on one spouse either for life or for such other period (definite or contingent) as the court may specify the right to occupy the family home to the exclusion of the other spouse;

(b) an order for the sale of the family home subject to such conditions as the court considers proper;

(c) an order under section 12 of the Married Women's Status Act, 1957, determining any dispute between the spouses as to the title to or possession of any property;

(d) an order under section 4 of the Family Home Protection Act, 1976;

(e) an order under section 2 of the Family Law (Protection of Spouses and Children) Act, 1981;

(f) an order for the partition of property or under the Partition Acts 1868 and 1876;

(g) an order under section 11 of the Guardianship of Infants Act, 1964 concerning any dependent child of the family.

Orders for sale of property.

18.(1) Where the court makes a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in that order, being property in which or in the proceeds of sale of which either or both spouses has or have a beneficial interest, either in possession or reversion.

(2) The power to make an order for sale in the case of a property adjustment order shall not be exercised so as to interfere with a right to occupy the family home conferred by that order.

(3) An order under subsection (1) of this section may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include-

(a) provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and

(b) provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order.

(4) Where an order is made under subsection (1) of this section, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified.

(5) Where an order under subsection (1) of this section contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a spouse, the order shall cease to have effect on the death of that spouse.

(6) Where a spouse has a beneficial interest in any property, or in the proceeds of sale thereof, and some other person who is not one of the spouses also has a beneficial interest in that property or in the proceeds of sale thereof, then, before deciding whether to make an order under this section in relation to that property, it shall be the duty of the court to give that other person an opportunity to make representations with respect to the order; and any representations made by that other person shall be included among the circumstances to which the court is required to have regard under section 20.

Provisions relating to maintenance, property and other orders.