Judicial Separation
The Circuit Court and The High Court can grant the parties to a marriage a judicial separation. Most applications are made to the local Circuit Court. One party (called “the applicant”) will issue and serve court papers on the other party (called “the respondent”). In most circumstances the parties employ a solicitor and a barrister to assist them through the court process and to advise them on the issues that arise. The court may grant a judicial separation on one of the following six grounds:
- The respondent has committed adultery.
- The respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent
- There has been desertion by the respondent of the applicant for a continuous period of at least one year immediately preceding the date of the application
- The spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application and the respondent consents to the judicial separation being made
- The spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application
- The marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.
The judge must also ensure that the welfare of any dependent children of the marriage is properly catered for. The solicitors acting for the applicant and the respondent must also discuss certain issues (including reconciliation, mediation and the possible conclusion of a separation agreement) with their client before issuing (or defending)court proceedings.
The effect of a judicial separation is that the parties no longer have to live together. The judge can also make other orders (called ancillary relief orders). These orders can include orders relating to maintenance, custody and access of dependent children, financial matters including property, pensions, domestic violence, and succession rights following the death of the spouses.
Both parties must exchange a sworn affidavit setting out their finances (called an affidavit of means) and if there are dependent children a further document called an affidavit of welfare. The information in these documents as well as in the other court papers exchanged will be viewed by the judge and together with the evidence given in the court will be used by the judge in making the final order. In some cases more detailed financial information may be necessary and the court has wide powers to order the parties to provide relevant financial information to assist the court in coming to a fair conclusion.
Every judicial separation case is different as it is based on the individuals before the court and their circumstances. Our experienced solicitors will assist you by advising you in relation to your own particular case.
If you have any queries in relation to judicial separation please contact aoife@fof.ie or our general office at fof@fof.ie .Alternatively please telephone us on 059 9130500 to speak to a solicitor or to make an appointment.