Mangan O’Beirne Solicitors provide a cost effective and confidential service providing expert legal advice to assist couples during one of the most stressful periods of their lives.
Although in the eyes of the law, divorce is viewed as a form of litigation, we at Mangan O’Beirne attempt to guide our client though the processes, provide assistance and advice to ensure decisions made are for the benefit of everyone involved especially the children.
For couples to qualify for divorce in Ireland the following rules apply:-
- One member of the couple must be living in Ireland;
- The couple must have lived apart for a period or periods amounting to at least four years during the previous five years. This does not necessarily mean that the couple has lived in separate homes;
- There is no reasonable prospect of reconciliation between the couple;
- The couple and children be adequately provided for.
It should be noted that it is not necessary in seeking a divorce in Ireland to have had a separation agreement prior to your application for divorce. Of particular importance is the fact that the Court can reverse any clause of any previous separation agreement between the couple especially if the circumstances have significantly changed. The more notable Court Orders passed in relation to a divorce in Ireland are set out below:-
- Property matters;
- Pension rights;
- Inheritance rights;
- Maintenance and lump sum payments;
- Custody of and access to children;
- Occupation of the family home.
The Court will take into account all circumstances of the couple in respect of Orders to be made and the welfare of the children will be of paramount importance in its considerations.
Formal separation can be achieved without the need for court proceedings, if agreement can be reached between the couple. If no agreement is reached then it is necessary to go to Court and obtain a judicial separation, on terms decided by the Judge. In many cases, after proceedings are issued and before the Court hearing, the couple agree terms which in turn are made an order of the Court. Mangan O’Beirne Solicitors seek to provide a cost effective solution based service guiding couples with their expert advice through what often is one of the most stressful periods of their lives.
Couples deal with many matters in their separation agreement such as access to children, custody, maintenance, pensions, division of family home and inheritance rights. It is important for the couple to seek expert legal advice since many decisions made in negotiating a separation agreement, will impact on a daily basis for the rest of their lives. The couple must agree to live apart and all matters should be in writing and signed by the couple. It is important to stress that although separation may involve Court proceedings, we at Mangan O’Beirne Solicitors find that a negotiated settlement allowing the couple make informed decisions, provides the best outcome for all concerned including the children.
Couples may seek a Judicial Separation through the Courts. The law in Ireland lists six specific grounds upon which the Court may grant a Decree of Judicial Separation ranging from adultery, desertion, the couple living apart to marriage breakdown. On obtaining a Decree of Judicial Separation the couple are no longer required to live together but however they are not entitled to re-marry.
A decree of nullity from the Court means in the eyes of the State, the couple were never formally married. A Court may grant a decree of nullity on one of the following grounds: 1. Lack of capacity 2. Did not observe certain formalities 3. Absence of consent 4. Impotence 5. Inability to form and sustain a normal marital relationship. A decree of nullity means the previously married couple are free to marry again, neither can claim maintenance, the decree does not affect the rights of any children and neither can claim a share of the others’ estate in the future. Annulment of the former marriage from any church or religion is completely separate from any Court proceedings.
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