What is divorce?
Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership.
Who can apply?
In order to obtain a divorce, you must have lived apart from your spouse for a period of at two years during the preceding five years. Living apart usually means living in separate homes however, it is possible to live apart while sharing the same home. The court must be satisfied that there is no reasonable chance of reconciliation between the spouses.
How do I apply?
Only a Judge can grant a divorce and therefor it is necessary to make an application to the court. This done by issuing what is known as a Family Law Civil Bill in either the Circuit Court or the High Court.
How long does it take?
The length of time it takes to get a divorce depends on the complexity of the case. If there are a lot of assets or if there are children or if the application is contested it will take longer to obtain the divorce.
What happen once the divorce is granted?
Once the divorce is granted the marriage is dissolved. It does not mean that the person’s right to Guardianship has ended where there are children involved. The court may make what are known as “ancillary orders” in relation to custody and access to children and also the division of any property owned by either of the spouses.
When making the ancillary order the court will try to ensure that such provision exists or will be made for each spouse and any dependent member of the family as is proper taking into account all the circumstances of the case.
The court will consider the following before making any ancillary order:
- Income, property, earning capacity of either spouse
- Financial needs and responsibilities
- The standard of living enjoyed by the family before the separation
- The age of the spouse
- The contributions made by either spouse
- Accommodation needs of either spouse
- Any physical or mental disability of either spouse
If you have any queries in relation to any aspect of family law you can submit them through our contact form. Alternatively if you would like to arrange an appointment or request a call back you can do so through the contact form.