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.
Before applying for a divorce you should consider all options, such as;
- Marriage Counselling
- Family Mediation
To get a divorce in Ireland, you must meet certain conditions. If you meet these conditions, you can apply to a court for a decree of divorce. This is a court order saying the marriage is dissolved (officially over) and means that you are both free to remarry. A decree of divorce cannot be reversed, except in exceptional circumstances.
The following conditions must be met before a court will grant a divorce;
1. Time Requirement
The court must be satisfied that you and your spouse have lived apart from one another for at least 2 out of the previous 3 years.
The Family Law Act 2019 now clarifies that ‘living apart’ includes couples who live in the same home as one another but are not living together as a couple in an intimate and committed relationship.
2. Domicile/Ordinarily Resident
Either you or your spouse must be domiciled (living permanently) in Ireland when the application is made, or have lived in Ireland for at least the 1-year-period before the application is made.
There must be no reasonable prospect of reconciliation.
4. Proper Provision
Proper arrangements must be made for both spouses and any dependent children.
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 or sale of property, the extinguishment of succession rights, pension rights and other matters.
Berwick Solicitors have an extensive and experienced family law team to advise you in all areas of family law. We advise our clients of the potential implications of separation and divorce and provide objective, sensitive legal advice tailored to your individual circumstances.
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