We hope that you never need family law services in Ireland. That being said, it is an unfortunate reality that many people do experience marriage and family breakup. Many of our customers approach us to initiate family law proceedings. For this reason, we have decided to give you a basic introduction to Irish family law. This article may not provide solutions to your specific circumstances, but we hope it gives some guidance.
Separation
For most people, the quickest solution is a Separation Agreement. This can be entered into immediately on separation, and is a good solution where you have maintained a friendly relationship with your former spouse. The only requirement for a Separation Agreement is that the two parties live apart. Perhaps the best way to obtain a separation agreement is by way of mediation. Mediation is a legal service offered and used very frequently in Irish family law. Normally, the parties will attend mediation sessions with their solicitor and a qualified mediator. The result of mediation is often a separation agreement, which can be made a rule of court, or be the basis for a decree of divorce later on. Mediation is very cost effective and avoids court appearances, so is preferred as a less stressful option. Be advised though, that where domestic violence is a factor in the break-down of the relationship, mediation will not be an option.
A separation agreement is a legally binding contract by which the parties agree to live separate and apart. It creates settlement terms between the parties, where the marriage has broken down, and where the parties do not wish to have recourse to the courts for the purposes of agreeing the terms of the breakdown
Parties sign a deed of separation setting out clauses in relation to:
Agreement to Live Apart – including details/dates on which the parties began living apart in the event they later seek a divorce
Non-Molestation clause – not to molest/ interfere with the other;
Custody & Access – custody, detailed arrangements for access/access at “dates and times to be agreed between the parties”
Maintenance – amount payable, how long it is to be paid for, how it will be paid, variation of maintenance into the future
Contents of the Family Home & other properties
Divorce
You will not be granted a divorce in Ireland unless you have lived apart from your spouse for 2 years. While this may seem like a long time, in fact this was only recently reduced from 4 years in 2019. Proving separate living arrangements will require you to show evidence that you have lived apart. In some cases, where you have lived in the same house but not been in a committed relationship, a court will take this into account when calculating time lived apart.
Ireland is unlike other jurisdictions, in that we have “no fault” divorce. This means that there is no reference to the conduct of behaviour of the parties, and the question of responsibility for the break up is entirely irrelevant for purposes of granting the decree itself. All of the following grounds must be satisfied before a decree of divorce can be granted:
Lived apart for two years
No reasonable prospect of reconciliation
Proper provision for the spouses and any dependent members
The effect of a decree of divorce is that the marriage is dissolved, and the parties are free to remarry. A decree of divorce will not affect the right of a father or mother of an infant to continue to be joint guardians.
Proper Provision
Some jurisdictions allow for divorce without references to finances. In Ireland, a divorce will only be granted once “proper provision” has been made for both parties and any dependent children. Proper provision is not defined in the 1996 Family Law (Divorce) Act, so a consideration of each spouse’s assets is necessary.
Either party is entitled to claim ancillary relief orders, which are essentially financial orders. Irish courts have wide powers to make orders in respect of properties, income, savings, pensions and more in relation to the family’s finances. Everything belonging to either party is considered in the context of what is “proper provision”, including each party’s income, the assets which they hold at present, inherited assets or gifts and savings brought into the marriage all forming part of the “asset pool” or “marital pot”. The income and assets of each party are fully set out and disclosed in a sworn Affidavit of Means. S.38 (7) of the 1995 Act and S.38 (6) of the 1996 Act imposes a statutory obligation on each spouse to list his or her property and income for the purposes of the proceedings.
We truly hope you do not need this advice while in Ireland. If you ever do, you should contact us for a confidential appointment.
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