The Family Law Association (FLA),a body that represents over 500 barristers and solicitors practising in the area of family law have urged the government to rethink a particular element of the Family Courts Bill 2022.
FLA’s objection is related to the bills proposed handling of divorces and separations.
Under the Bill, the District Court will have jurisdiction for divorce/separation matters where land which, includes the family home, are under €1million in market value. This is regardless of the complexity of the circumstances of the case.
Anything above €1million will be assigned to the Circuit Court.
FLA believe that the District Courts are not equipped nor are there specialist Judges in place who are able to deal with such matters.
It is also stated that resources at the District Court, which are already overstretched and will be unable to cope with an additional case load.
If this part of the Bill goes through there is a severe risk that a two-tier Family Law Justice System will be created. This will undoubtedly lead to great injustice to families going through separation and divorces.