When marriages break down, a dependent spouse should be compensated for sacrifices made during the marriage and should be maintained according to her or his need, according to an academic lawyer.
Writing in the first issue of a new journal, the Irish Journal of Family Law, launched last night, Mr Con Power BL, a lecturer in law in NUI Galway, points out that Irish divorce law specifically excludes a "clean break" financial settlement.
He argues that when the marriage bond is dissolved, as it is in divorce, there is no reason why the courts could not grant a "clean break", especially if that was what the spouses chose. However, the legislation provides for such support "as the court considers proper in the circumstances" to be provided to the dependent spouse, who can return to court repeatedly for variations in the order.
Mr Power examines different formulae used internationally for deciding on the support to be given to a dependent spouse (usually the wife). As well as a "clean break", usually with a lump sum, these include continuing maintenance based on need, and the payment either of a lump sum or regular amounts, or both, to the dependent spouse to compensate her for the sacrifices she made during the marriage.
That was the course adopted by Ms Justice McGuinness in a recent case, and Mr Power says it is likely to feature in future cases under Irish divorce law.
The Irish Journal of Family Law was launched by the Chief Justice, Mr Justice Hamilton.
"Family law is concerned with the very warp and weave of our society, it encompasses both civil and criminal matters, and is intimately linked with questions of human happiness in a way unmatched by any other area of law," he said in the foreword.