What do I have to do to get a Divorce in Ireland
The process for obtaining a Divorce in Ireland is governed by the Family Law (Divorce) Act 1996 as amended by the Family Law (Divorce) Act 2019.
Under the 1996 Act one had to be living sperate and apart from his/her Spouse for a period of four years. As a result of the 2019 Act a number of significant changes were made namely:
- The period of four years was reduced to two years i.e. if you can demonstrate to the satisfaction of the Court that you have been living separate and apart from your Spouse for a period of two years prior to the institution of proceedings (as opposed to when the matter comes to be dealt with by the Court) then you qualify for a Divorce provided that the other conditions are met.
- The legislation provided that the period of two years “living sperate and apart” can include periods of time where the couple where living under the one roof. The Court will usually scrutinise the circumstances of which the couple lived “separate and apart” if they were living under the one roof and they will need to be satisfied that there was no intimacy during that period, the parties did not socialise together, did not spend any time together (other than is necessary in relation to the parenting of their children) and generally lived separate lives from each other within the family home.
The other factors that need to be satisfied are:
- The parties must have been living in the jurisdiction i.e. in Ireland for a period of one year prior to the institution of proceedings.
- The Court must be satisfied (usually obtained by way of evidence from one of the parties) that there is no prospect of reconciliation.
- The Court has to be satisfied that the terms agreed by parties (or directed by the Court if the parties cannot agree) amount to “proper provision”. The Act sets out various factors to be taken into account when assessing proper provision. These factors are very wide and ultimately each case depends on its own circumstances.
If you require any advice or we can be of any assistance in relation to any Family Law aspect, please don’t hesitate to contact Brendan Dillon or Erika Coughlan on 01-2960666.