Divorce in Ireland is governed by the Family Law (Divorce) Act, 1996. When a decree of divorce is granted the marriage is dissolved and both parties to the marriage are free to remarry. There are three conditions which must be satisfied before the court will grant a decree of divorce.
1. The couple must have been living apart for four out of the previous five years. This does not require the parties to be living in separate households. An individual can be living part from his or her spouse whilst still residing under the same roof.
2. There must be no reasonable prospect for reconciliation.
3. Such provision as the court considers fit has been made for the spouses and any dependent family members.
Divorce proceedings are heard in the Family Circuit Court or the High Court and are held in private. The Court has the right to review Divorce Orders if the circumstances of one spouse changes considerably or if it becomes clear that full disclosure was not made at the time of the initial hearing. However, the divorce decree itself cannot be reversed.
A divorced party ceases to be a 'spouse' for the purposes of the Succession Act, 1965 and
Family Home Protection Act, 1976 but retains the right to bring proceedings under the Domestic Violence Act 1996 or the Domestic Violence (Amendment) Act, 2002 against a former spouse. A decree of divorce does not affect the right of the father and mother of a child to continue to be joint guardians.
If you require advice regarding a divorce matter or if you have a general family law query; contact us to arrange a consultation.
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