Judicial Separation

In Ireland, divorce and separation are perhaps the most emotionally charged areas of law and we would always recommend that you seek legal advice from an experienced and competent family law solicitor.

What is a judicial separation?

A Decree of Judicial Separation confirms that the couple is no longer obliged to live together as a married couple. The Court may also make orders in relation to custody and access to children, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights and other matters.

Before applying for a judicial separation, you should consider all options, such as;

• Marriage Counselling
• Mediation

An Application for a Judicial Separation must be based on one of the following grounds:

• One party has committed adultery.
• One party has behaved in such a way that it would be unreasonable to expect the other spouse to live with them.
• One party has deserted the other for at least one year at the time of the application.
• The parties have lived apart from one another for one year up to the time of the application and both parties agree to the decree being granted.
• The Court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for the decree.

Berwick Solicitors have an extensive and experienced family law team to advise you in all areas of family law. We advise you of the potential implications of seeking a divorce in providing objective and sensitive legal advice tailored to your individual circumstance.