Divorce Guide

Divorce law in Ireland

Even though divorce was commenced in Ireland in the mid-1990s, one out of apiece six Irish marriages now ends in dissociate. The number of couples divorcing in Ireland is now 25 per cent elevated than it was in 2000. The figure of divorce claim has considerably surmounted than the number of divorces approved. Severance and divorce are distressing dealings and are often allied with annoyance, frustration and financial fears.

Ireland's Family Law (Divorce) Act 1996 governs the laws for divorce. The Divorce Act defines the grounds as:

1. The parties have lived spaced out for at least four of the five years before proceedings are issued. This does not essentially mean that they were living in separate houses.
2. At least one of the parties has legal residence in the Republic of Ireland or has lived there for a year before lodging the case.
3. There is no reasonable panorama of settlement.
4. Both partners, as well as any children, are properly taken care of.

Decree of Nullity: The most important grounds of filing a suit is ‘Decree of Nullity’ i.e., proving before the eyes of law that the nuptial ties never existed. The spouses may prove that at the time of marriage they were not able to enter a normal marital relationship and could not sustain it.

Domicile and Recognition of Foreign Divorces Act of 1986: Section 5 of the Act provides for following conditions as well:

1. For the rule of law that a divorce is recognized if granted in a country where both spouses are domiciled, there is hereby substituted a rule that a divorce shall be recognized if granted in the country where either spouse is domiciled.
2. In a case where neither spouse is domiciled in the State, a divorce shall be recognized if, although not granted in the country where either spouse is domiciled, it is recognized in the country or countries where the spouses are domiciled.
3. This section shall apply to a divorce granted after the instigation of this Act.

The documentation needs to be done in the Circuit Court. The list of documents required to file a divorce case in Irish Circuit Court is as follows:

Family Law Civil Bill: This document defines the partners, their occupation and residence. It also describes the date of marriage, duration when you both have been living apart and names and DOB of children (if any).

A sworn statement of means (Form 37A): This document explains about your financial position i.e. your assets, income, debts, liabilities and other outgoings.

A sworn statement relating to the welfare of your children (Form 37B): This document basically describes about the provisions of children. It sets out where the children will live after divorce and who will have the custody.

A paper officially stating that you have been counseled for the alternatives to divorce (Form 37D): This document is affirmed by a solicitor who certifies that you have bestowed upon the alternatives i.e., reconciliation, mediation and separation. Now, you know the divorce law in Ireland!

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