Divorce

In Ireland, it is estimated that one in three marriages will end in separation and that over 60% of those will eventually end in divorce. It is not something you would ever wish to happen setting out on your journey through life but nothing can be predicted and, like illness or job loss, there is a chance it might happen to you. It is how you practically deal with it in terms of family and assets that make the restoration of normality difficult or not. A Decree of Divorce allows both parties to a marriage to remarry under civil but not Roman Catholic law in Ireland. Before a court can grant a divorce in Ireland, the following conditions must be met:

* The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made.
* There must be no reasonable prospect of reconciliation.
* Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children of either party and other relatives.

If these conditions are met, either party to a marriage may apply to court for a Decree of Divorce. If it is satisfied that the grounds are met, the court will grant the Decree of Divorce dissolving the marriage. When it grants the Decree of Divorce, the court may also make orders in relation to custody of children and access to them , the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights etc.

The fact that the parties must have been living separate lives for four out of the five years before an application for a divorce is made means that many separating couples obtain a Separation Agreement or a Judicial Separation to regulate matters between them before they seek a divorce.

In any application for a Decree of Divorce, the court can review any previous arrangements made by the parties such as a Separation Agreement, particularly if the circumstances of either party has changed.

When a Decree of Divorce is granted, it cannot be reversed. Either party can apply to court to have any orders made under the Decree – such as maintenance – reviewed by the court.