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The following is a very basic guide to your options of Divorce, Separation Agreements and Judicial Separations in Ireland. All circumstances are different however and individual legal advice should be sought from a qualified solicitor at all times.

Separation Agreement
A Separation Agreement is a legal written contract negotiated between the parties which will set out the future duties and rights of each party to one another. This initial method of separation allows parties to negotiate their differences out of Court and in an amicable manner. The terms of the agreement can be negotiated via mediation or through solicitors acting for the respective parties. The Agreement will deal with issues such as property division, access to children, custody of children, maintenance for spouses and children, pension rights and very importantly succession rights.

Judicial Separation
A Judicial separation can be granted by Courts in instances where the spouses fail to agree the terms of a Separation Agreement, as above. Quite often many of the issues dealt with in a Separation Agreement can be agreed upon without the necessity for Court intervention however one or more aspect may be in dispute can only be resolved by the Courts.

However in order to apply for a Judicial Separation one or more of the following must exist on the balance of probabilities:

• One spouse of the relationship must have committed adultery
• One spouse must behave in a way that it would be unreasonable to expect the other spouse to continue to live together
• One spouse must have deserted the other for at least one year at the time of the application for a separation
• The spouses must have lived apart from one another for one year up to the time of the application for separation, and both spouses agree to the separation decree being granted
• The spouses must have lived apart from one another for at least three years up to the time of application for a separation (whether or not the spouses agree to the separation)
• The Court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of application for a separation

All Judicial Separations are heard before either the Circuit or High Court and are held ‘in camera’, that is in private, with only the parties and legal representatives present. Also both applicants in such cases must disclose all of their financial affairs by means of an Affidavit together with vouching documentation.

Once the Court is satisfied that one of the above criteria apply to the case the Judge can then make orders in respect of property, pensions, access, custody, maintenance, succession rights and so forth.

Also it must be remembered that a Separation Agreement is just that, an Agreement. A Judicial Separation is an Order of the Court.

Divorce
If you have been separated and living apart from your spouse for 4 of the last 5 years you can apply for a Divorce in the Irish Courts. The conduct of the parties is not relevant.

The issue as to what constitutes 'separated and living apart' has formed much jurisprudence in the Irish Courts for many years. One very renowned case is that of M.McA v X. McA which set out a scenario where the parties lived under the same roof but were deemed to live separate and apart by the Courts. This now is an extremely common occurrence before the Irish Courts particularly in situations where it has been uneconomical for the parties to live in separate dwellings prior to the Court application.

In order for a Court to grant a Divorce the Court must be satisfied there is no reasonable prospect of reconciliation and proper provision has or will be made for the spouse and dependent children.

Again as with Judicial Separation applications full financial disclosure is required by the parties.

A Decree of Divorce in Ireland will legally dissolve your civil marriage allowing either party to re-marry.

For further details in relation to the above legal remedies' before the Irish Courts please contact us for further advice.