THE divorce referendum in 1995 and the resulting legislation have produced a surge in publishing on the topic in Ireland. This book is by far the best.

Written by two solicitors with long-standing practices in family law, it aims to set out the current state of the law and its implications for practitioners. But it is also written for the interested general reader, and the relative absence of legal jargon makes it accessible to the growing numbers of counsellors, mediators and, indeed, people faced with the prospect of marriage breakdown, all part of the wide social changes Ireland has undergone recently.

Many of the questions raised in the course of the referendum campaign are answered in this book. For example, describing what might happen to a family farm in the event of divorce, it points out that the usual solution in relation to property - selling it and dividing the proceeds - is generally not appropriate.

It lists the documents which should be supplied to the court in such a case, including a recent auctioneer's valuation; the value of any milk quota; maps of the farm showing outbuildings and the family home; borrowings; and accounts for the previous two or three years.

This book also explores the options people seeking a divorce - and their lawyers - might expect to face in this case. The court may refuse a "property adjustment order", which gives one spouse a share in the property, to a spouse who had not made a financial contribution to the farm or worked on it for a significant period of time. It might ask that one spouse provide a lump sum to the other to find alternative accommodation, in order to avoid dividing the farm.

The book is similarly thorough when dealing with issues such as what happens to children in the event of divorce. It teases out the contentious issue of the "conduct" of the spouses leading to the break-up of the marriage. The amendment to the Constitution introduced a "no fault" divorce, relying on the couple living apart for four years rather than on a number of matrimonial "crimes" as grounds for divorce.

But the authors point to legal precedent-invoking conduct in separation cases involving children in Irish courts. This shows that the conduct of a spouse is considered relevant in deciding on the custody of children where, in the opinion of the court, it illustrates where the spouse's priorities lay.

They also use English case law to clarify issues which might arise in the new legislation, and which have not yet been tested in Irish courts. For example, the book points out that there is a body of case law on the concept of "living apart even when the spouses are still living under the same roof. This examines whether the house has been divided or partitioned; what financial arrangements exist; and what services, if any, are provided by one spouse to the other.

Although the book is very thorough in examining all the legal issues of divorce, its authors never lose sight of the fact that they are dealing with a human tragedy. Especially in cases involving children, they urge that all possible steps be taken to minimise their suffering. For example, they point out that social reports are common in cases involving custody disputes. But they warn against over-assessing", where families are subjected to a number of assessments before a final order is made.

"Such constant questioning and exploration of children and their parents may lead to serious psychological difficulties for the children who are themselves the subject of such investigation," they write.

Many questions about the implications of divorce in Ireland were thrown up in the course of the referendum debate, and few of them were thoroughly answered. While some must await the development of a body of law in the courts, this book goes a long way towards answering a lot of them. It is essential reading for anyone still interested in the topic. {CORRECTION} 97060700021