Divorce has been available in Ireland since 1996, when the Family Law (Divorce) Act was implemented.
The grounds for Divorce in Ireland are based fundamentally on the length of time the parties have been living apart.
Prior to granting a Decree of Divorce the Court must be satisfied that each of the following apply:
That the parties have lived apart from one another for a period of at least four out of the previous five years
That there is no reasonable prospect of reconciliation between the parties and that such provision as the Court considers proper having regard to the circumstances exists or will be made for the parties and any dependent members of the family
The Court will also make the appropriate Orders in respect of the following:
The family home and other property and assets;
Finances/maintenance;
Child welfare, custody & access;
Pensions;
Succession issues
The welfare and future provision for any dependent children is of paramount importance.
The Court will take into account a Separation Agreement previously entered into by the parties or indeed the other Orders made at the time of a Decree of Judicial Separation being granted.
The Court tries to achieve a balance when making a Decree of Divorce in order to provide the parties with a platform to move on with their respective lives. However, issues relating to custody, access and maintenance for dependants can be revisited by either party after Divorce if necessary.
Please see the other links relating to our Family Law pages.
