Thirty-eighth Amendment of the Constitution of Ireland

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 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.[1] 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).

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.[2] The proposal was approved by 82% of voters.[3] The bill was signed into law on 11 June 2019 by Michael D. Higgins, the President of Ireland.[4]

  1. ^ "Minister Flanagan announces Government approval for a referendum on divorce". Department of Justice and Equality. 29 January 2019. Archived from the original on 28 February 2019. Retrieved 27 February 2019.
  2. ^ "Minister Flanagan announces publication of text of amendments to be proposed for the referendum on divorce". Department of Justice and Equality. 26 March 2019. Archived from the original on 26 March 2019. Retrieved 27 March 2019.
  3. ^ "Divorce referendum to reduce required wait period passes by huge margin". The Irish Times. 26 May 2019. Archived from the original on 26 May 2019. Retrieved 26 May 2019.
  4. ^ "2019 Legislation". The President. Office of the President of Ireland. Archived from the original on 18 April 2019. Retrieved 12 June 2019.