Family
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Family
- Constitution of Ireland
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Family
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The Family
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Article 41
1. 1° The State recognises the Family as the natural
primary and fundamental unit group of Society, and as a moral institution
possessing inalienable and imprescriptible rights, antecedent and superior to
all positive law.
2° The State, therefore, guarantees to protect the Family in its
constitution and authority, as the necessary basis of social order and as
indispensable to the welfare of the Nation and the State.
2. 1° In particular, the State recognises that by her
life within the home, woman gives to the State a support without which the
common good cannot be achieved.
2° The State shall, therefore, endeavour to ensure that mothers shall
not be obliged by economic necessity to engage in labour to the neglect of
their duties in the home.
3. 1° The State pledges itself to guard with special
care the institution of Marriage, on which the Family is founded, and to
protect it against attack.
2° A Court designated by law may grant a dissolution of marriage
where, but only where, it is satisfied that
i. |
at the date of the
institution of the proceedings, the spouses have lived apart from one another
for a period of, or periods amounting to, at least four years during the five
years,
ii. |
there is no
reasonable prospect of a reconciliation between the spouses,
iii. |
such provision as the
Court considers proper having regard to the circumstances exists or will be
made for the spouses, any children of either or both of them and any other
person prescribed by law, and
iv. |
any further conditions
prescribed by law are complied with.
3° No person whose marriage has been dissolved under the civil law of
any other State but is a subsisting valid marriage under the law for the time
being in force within the jurisdiction of the Government and Parliament
established by this Constitution shall be capable of contracting a valid
marriage within that jurisdiction during the lifetime of the other party to the
marriage so dissolved.
Constitution of Ireland
| Preamble
| Nation
| State
| President
| National Parliament
| Constitution and Powers
| Dail Eireann
| Seanad Eireann
| Legislation
| Government
| Local Government
| International Relations
| Attorney General
| Council of State
| Comptroller and Auditor General
| Courts
| Trial Of Offences
| Fundamental Rights
| Personal Rights
| Family
| Education
| Private Property
| Religion
| Directive Principles of Social Policy
| Amendment of the Constitution
| Referendum
| Repeal of Constitution of Saorstat
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