Judicial Separation in Ireland
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What is a Judicial Separation?
In Ireland, in the case of a marriage breakdown, many couples often choose to go the route of a Judicial Separation (also referred to as a legal separation)
A judicial separation can be applied to the court for when a couple cannot agree the terms by which they will no longer live together. In many cases attempts to find agreement on mediation terms has failed. It is open to either party to make application to the court for a decree of judicial separation. A decree of judicial separation removes the obligation on couples to live together. This type of separation, unlike a divorce, does not allow for either party to remarry and separation arrangements can be reviewable by the court where the couple go on to seek a divorce at a later stage.
Judicial Separation Ireland Legal Help
If you are considering applying for a judicial separation in Ireland and need the services of an legal expert, simply fill out the contact form below. The solicitor we recommend will get back to you in a timely fashion (normally within a 24 hour period).
Grounds for a Judicial Separation application
- Unreasonable behaviour by one party.
- Desertion by one party in the marriage for at least one continuous period of a year prior to the application.
- Where the couple have not lived together for at least one continuous period of a year prior to the application with the proviso that both spouses are in agreement with the decree being granted.
- Where the couple have lived separately from one another for a continuous period of three years or more prior to the application. In this case there is no requirement for both parties to be in agreement with the decree being granted.
Where, in the consideration of the court, the couple have not had a normal marital relationship for a year or more prior to the application for a decree. In this instance, neither party is deemed to be at fault. It’s the most common ground on which a decree of judicial separation is granted.
It is important to note the information above and throughout Family Law Solicitors Dublin is intended as a guide to provide general information on the subject of judicial separation Ireland. Every attempt is made to ensure that the information on this page is as current and accurate as possible, but we do not and cannot offer any guarantees to this effect. Family Law Solicitors Dublin is NOT a solicitor’s office in itself nor do we purport to offer any legal services directly ourselves. What we do is match you with a competent family law solicitor who is legally qualified to offer you the legal assistance required.