Ending a marriage is never an easy decision, and there are many complex issues to consider, but Irish law provides for divorce if the following conditions are met:
- The couple must have been ‘living apart’ for at least four years in the previous five year period prior to filing for divorce. This does not necessarily require the couple to have been living in separate properties for this length of time, but may include couples who live separately within one dwelling and are not in a relationship with one another. The four year period need not be consecutive, since the law recognises that there may be attempts to reconcile within this five year period.
- There is no prospect of reconciliation. It must be seen that there is no possibility for the spouses to reconcile or improve their marriage through mediation or any other means.
- Provision has been made for dependents, including the spouse and any children who are involved in the marriage. The courts must be satisfied that any children, and both spouses, will be provided for in the case of divorce.
If the above conditions are met, the court will grant a decree of divorce, which dissolves the marriage and leaves both parties free to remarry if they wish to do so at any time. The court may make further orders with regard to children, financial negotiations and property, and these may be reviewed by the court if circumstances change or if either party applies to have these reconsidered.
If you are seeking a divorce, it is very important to work with an experienced family law solicitor to ensure that your best interests are represented. A good solicitor will always encourage you to consider your decision carefully, and to ensure that there is no potential for reconciliation. Divorce is not a quick process under Irish law, and this will be a difficult decision for most people, but it is important to remember that an unhappy or abusive marriage will always be detrimental to the adults and children involved.
Contact us to arrange a confidential consultation without obligation, or make a discreet enquiry via email today.