Family Law - Judicial Separation

Judicial Separation

What is a Judicial Separation?

A judicial Separation is a court order which means that the married couple no longer have to co-habit. However, the reason a person would seek a judicial separation is to avail of the other ancillary orders which the court can make. For example, the court will be able to make orders in relation to the following:

  1. Children
  2. The family home
  3. Maintenance
  4. Pensions
  5. Other property

Who can apply?

Either spouse can apply if they are domiciled in the State on the date of the application commencing the proceedings or if they are “ordinarily resident in the State throughout the period of one year ending on that date”

What are the grounds for applying?

A person may seek an order on one or more of the following grounds:

  1. That the other spouse committed adultery
  2. The other spouse has behaved in such a way that you cannot reasonably be expected to live with the other spouse
  3. You have been deserted by your spouse for a continuous period of one year before making thee application
  4. You have lived apart for at least one year before making the application and your spouse agrees to the application
  5. You have lived apart for three years
  6. The court is satisfied that the marriage has broken down and has not existed for at least one year before making the application

Do I need a Judicial Separation?

If you can agree the terms of your separation then it is not necessary to commence court proceedings for judicial separation. A Separation agreement would be more cost effective.

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