Bespoke Justice and Equitable Redistribution in Ireland: An Optical Illusion

Irish law operates one of the most highly discretionary equitable redistribution schemes in the common law world for the division of assets on divorce. Vesting the courts with the widest possible latitude to ensure ‘proper provision’ for a dependent spouse and children, the system adopted under the Family Law (Divorce) Act 1996 is premised on ensuring bespoke justice. This chapter outlines the legislative machinery available to the Irish courts in effecting an equitable redistribution of assets on divorce and the broad parameters within which judicial discretion may be exercised. Drawing on available empirical data, it highlights the lack of consistency in judicial outcomes in the jurisdiction before reflecting on the difficulties this creates, for example, for settlement negotiations. It then reflects on various reviews and reforms currently in train which it is hoped will go some way towards remedying key issues identified with the scheme.