Following the breakdown of a marriage / relationship, the parties can choose to enter into a legally binding separation agreement. This would govern how the parties will live separately moving forward.
If settlement cannot be agreed, either party can apply to the Circuit Court or the High Court for a Decree of Judicial Separation. Any application must be based upon one of the following grounds:
- One party has deserted the other for at least one year at the time of the application for the decree.
- One party has committed adultery.
- One part has behaved in such a way that it would be unreasonable to expect the other party to live with them.
- Where the Court considers that no normal martial relationship has existed between the parties for at least one year prior to the date of the application for the decree.
- The parties have lived apart from one another for at least one year at the time of the application for the decree, whether both parties agree to the decree being granted or not.
The Family Law Acts define “living apart” as being where the parties are considered to be living apart if they are not in an intimate and committed relationship.
In addition, the Court must be satisfied that one of the aforementioned grounds exist and that proper provision has been made for the dependent children, if any. The Court may also grant Orders in respect of maintenance, custody and access, the division of assets and extinguishment of succession rights.
Why Choose Daly Khurshid Solicitors LLP to assist you?
- We have a wealth of practical experience in relation to Legal and Judicial Separations in Ireland. We are a full service law firm and will work tirelessly to ensure your interests are represented and goals achieved.
- We have successfully assisted and represented many clients considering and undertaking Legal and Judicial Separations in Ireland.
- We are personally invested in our clients’ success. As such, we help you tackle problems and capitalise on opportunities swiftly. If a conventional solution does not achieve your objectives, we will challenge the conventional way and find an alternative way of creating a result that works for you.