Proper Provision: A Constitutional Imperative | Family Law Series Episode 2

25 September 2025

Judge Marie Baker and Claire Collins SC explore the key concept of “proper provision” in Irish divorce law – the test that Family Law Courts must apply in the context of divorce or judicial separation. Drawing on recent appellate decisions, they examine how courts assess financial fairness between spouses, and how the use of the term ‘fairness’ has evolved in judgments over the years.

The Bar of Ireland · Proper Provision: A Constitutional Imperative | Family Law Series Ep 2

References

A v. A [2025] IECA 9

NQ v. PQ [2021] IECA 177

T v. T [2002] IESC 65 

Note: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in diviorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.