A decree of divorce dissolves the marriage and allows both parties to a marriage to remarry once a divorce has been granted. Many couples will enter into a Separation Agreement or a Judicial Separation prior to applying for a Divorce because of the requirement to live apart for a period of years before making an application.

Court proceedings are heard privately “in camera” meaning that only the couple and their legal advisors can be present in Court.

The Court can make orders on matters relating to:

  • Maintenance for Spouse and children
  • Custody and access arrangements for the children
  • The debts and liabilities of the parties
  • Division of Assets and the Family Home
  • Inheritance rights
  • Taxation issues
  • Pensions Adjustments

The Family Law Act 2019 made significant changes in Irish Divorce Law. Before a court can grant a divorce, the following conditions must be met:

  • The parties must have been living apart from one another for a period amounting to two out of the previous three years before the application is made.
  • There must be no reasonable prospect of reconciliation.
  • Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children of either party and other relatives.

The court can review any previous arrangements made by the parties in a separation agreement, particularly if the circumstances of either spouse has changed.

Following a Divorce and in certain limited circumstances, either party can apply to Court to have Orders made, including Maintenance, reviewed.

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