The PRAI issued a Practice Direction which states that no Family Home/Law consents, statutory declarations or certificates will be required by the PRAI on registration of a dispostion, but if lodged, the PRAI will file same with the instrument. Section 54(1)(b) of the Family Law Act 1995 has resulted in this change of practice. The FHPA originally provided that a conveyance of the fmaily home by one spouse without the prior consent of the other was void. Since the coming into force of the 1995 Act, such a conveyance is voidable only.
Since the commencement of the Family Law Act 1995, all that would be required is that the PRAI be satisfied that no proceedings have been commenced, and no statement made, such as referred to in S3(8) c and d of the FHPA as inserted by S 54 of the Family Law Act in respect of the conveyance lodged for registration. In the case of a mortgage application it is the responsibility of the lending institution to ensure that the rights of any spouse in actual occupation of the property have been safeguarded (s 54(1) (b) 1995 Act).
Solicitors will still need to ensure that they receive appropriate consents, statutory declarations or certificates on closing. The changes appear to put Registry of Deeds titles and Land Registry titles on the same footing, ie you do not need the certificates/declarations for registration purposes, but for the purposes of investigating the title, you still need to ensure that you have these documents and that they are in order

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