how to get a divorce in ireland-divorce law in ireland overview

http://FamilyLawIrelandHq.com 046/95 49 614

How to Get a Divorce in IrelandAn Overview of Divorce Law in Ireland


Divorce in IrelandDivorce in Ireland is provided for

by the Family Law (Divorce) Act 1996 which allows both the Circuit Court and High Court to grant decrees of divorce.

The Circuit Court only has jurisdiction to grant a divorce decree where the property concerned has a market value of less than €3M.


Grounds for Divorce The grounds for divorce under the Family Law (Divorce) Act

1996 are threefold: I. When divorce proceedings commence, the parties must

have lived apart for at least 4 of the previous 5 years (where this occurs and a couple have lived together for a short period(s) of time to attempt to reconcile, a divorce decree can still be granted)

II. There is no reasonable prospect of reconciliation (the Court must be satisfied on this ground)

III. The Court must make proper provision for the spouses and any dependent members of the family (a dependent member of the family includes children born to both spouses, or one spouse if adopted by both spouses or by one spouse, or to whom either parent is ‘loco parentis’)

You will see from the above conditions that “fault” on the part of one or other party is irrelevant and it is worth noting that “living apart” is possible in the eyes of the Courts even if the parties are living under the same roof.


Living ApartThe notion of living apart has been considered in

some detail by the Courts and it has been held by the High Court that where a couple claim to be living apart, even though under the same roof, the court will only decide this issue based on the circumstances of each case.

‘Living apart’ has been held by the Courts to be a ‘state of affairs’ rather than just a physical living apart and the converse is also true: a couple could be living apart even though living under the same roof.

It is important therefore that when couples are having deeds of separation drafted that it states clearly the date on which they started living apart.


Effects of Divorce DecreeThe principal effects of a divorce decree in Ireland are i. The marriage is dissolved and both parties are

free to remarry ii. The rights of both parents to continue to be

joint guardians of children of the union continues iii. A divorced person is no longer a spouse and

does not continue to enjoy the benefits of the Succession Act 1965 or the Family Home Protection Act 1976

iv. There are tax implicationsv. A decree of divorce does not prevent either

spouse from being entitled to a widow/widower’s pension or the one parent family allowance or the deserted wife’s allowance and benefits.


Divorce and Judicial Separation Procedure in the Circuit Court Both the Circuit Court and High Court have jurisdiction

to hear applications for divorce and judicial separation. However any case where the assets are less than €5 million should be heard in the Circuit Court.

All proceedings for divorce, judicial separation, relief after foreign divorce or separation outside the state, declarations of parentage, declarations of marital status, nullity are commenced by issuing a Family Law Civil Bill in the County Registrar’s office of the appropriate County.

Every Family Law Civil Bill must set out the relief being sought and the grounds relied on for seeking that relief.

The Family Law Civil Bill, along with a section 5 or 6 certificate, an affidavit of means and affidavit of welfare (where appropriate) are filed in the Circuit Court office and then served on the other party.


Appearance and DefenceThe respondent then has 10 days

within which to enter an appearance and a further 10 days to enter a defence as well as an affidavit of means and an affidavit of welfare. However these time limits are unrealistic and further time will be taken in practice.


Fast Track DivorceThe Circuit Court Rules do provide for

a “fast track divorce” where both parties are agreed in relation to all of the reliefs being sought.

This involves the respondent filing a “consent defence” and an application to Court for a judgment by consent.

There is also the possibility of simply obtaining a decree of divorce where no ancillary relief is sought.


TrialOnce all pleadings have been

exchanged a notice of trial is issued and served and a date will be fixed for the hearing of the case.


Affidavit of MeansWhere financial relief is being sought by one of

the parties, the rules provide for each party to file an affidavit of means.

However in Dublin in where no financial relief is being sought, an affidavit of means is not required by the Family Law office.

An affidavit of means is divided up into 5 schedules listing

The assets of the partyThe incomeDebts and liabilitiesThe outgoings of the partyAny pension scheme which exists.


Affidavit of WelfareAn affidavit of welfare must be

sworn and filed where there are dependent children.

The affidavit of welfare must give details of children born to the applicant and the respondent or adopted by them and details of other children of the family or to which either of the parties stand in loco parentis.


Interim ApplicationsInterim applications can be made

by either party by way of notice of motion and affidavit.

CostsThe Court can make any order it

sees fit as regards costs.


Terry Gorry & Co. SolicitorsMain StreetEnfieldCo. MeathTel: 046/95 49 614 or 086/81 21

797http://FamilyLawIrelandHq.com http://BusinessAndLegal.ie

http://familylawirelandhq.com/

http://familylawirelandhq.com/

http://businessandlegal.ie/



how to get a divorce in ireland-divorce law in ireland overview

News & Politics