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Family Law | Elizabeth McGuinness & Co Solicitors

At Elizabeth McGuinness & Co., Solicitors we provide specialist advice on the legal and financial implications of marriage breakdown including separation, judicial separation and divorce.

 

Separation Agreements

We draft separation agreements to be executed by the parties to a marriage, where the marriage has broken down, and where they do not wish to have recourse to the courts for the purpose of agreeing the terms of the breakdown.

 

Judicial Separations

A Decree of Judicial Separation can be sought when a couple cannot agree the terms by which they will live separately. The Court must be satisfied when granting a Decree of Judicial Separation that the following conditions have been satisfied:-

  • that the couple have been advised about Counselling, Reconciliation and Mediation by their Solicitor; and
  • the welfare of any dependent children of the marriage is properly catered for.

An application for Judicial Separation must be based on one of the following six grounds:

  • the respondent has committed adultery; or
  • the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent; or
  • there has been desertion by the respondent of the applicant for a continuous period of at least one year immediately preceding the date of the application; or
  • the spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application and the respondent consents to a decree being granted; or
  • the spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application; or
  • the marriage has broken down to the extent that the court is satisfied in all circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.

The Parties cannot re-marry after a Decree of Judicial Separation.

 

Divorce

Divorce was legalised in Ireland in 1996 and allows both parties to a marriage to re-marry. Before a Court can grant a Decree of Divorce in Ireland the following conditions must be satisfied:-

  • the parties have been living apart from one another for a period of, or periods amounting to, at least four years during the previous five years;
  • there is no reasonable prospect of reconciliation between the spouses;
  • such provision as the court considers proper having regard to the existing circumstances or will be made for the spouse and any dependent members of the family.