Divorce
Both the Circuit Court and the High Court can grant a divorce. Unlike the grounds for a judicial separation there is no reference to the conduct of the parties in the grounds for a divorce in Ireland.
All of the following grounds are necessary before the judge will grant a divorce:
- At the date of issuing proceedings the spouses must have lived apart from one another for a period of, or periods amounting to, at least four years out of the previous five years
- There is no reasonable prospect of reconciliation
- Proper provision has or will be made for the spouses and any dependent members of the family.
The requirement to live apart has been the subject of many court cases and our experienced solicitors will be able to advise you if you have any questions about what the courts have in the past judged to be “living apart”.
The solicitors acting for the applicant and the respondent must also discuss certain issues (including reconciliation, mediation) with their client before issuing (or defending)court proceedings.
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.
Following a divorce the parties may remarry. Both parties continue to be guardians of any relevant children. It is important to seek advice in relation to the effects of a divorce in particular regarding your tax treatment and social welfare and similar rights. The parties succession rights following death are also affected by a divorce and the parties are no longer spouses for the purposes of the Succession Act.
Every divorce 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 divorce 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.