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Family Law | Separation Solicitor
Judicial Separation
When a couple cannot agree the terms by which they will live separately, our separation solicitor can help with an application to the courts for a decree of judicial separation can be made by either party.
The court must be satisfied that:
- The grounds for the application exist.
- The couple has been advised about counselling and mediation.
- Proper provision has been made for the welfare of any dependants
If satisfied the court will grant a decree of judicial separation. The decree confirms that the couple is no longer obliged to live together as a married couple. The court may also make orders in relation to custody and access to children, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, etc.
A decree of judicial separation does not give you the right to remarry.
An application for a judicial separation is made either in the Circuit Court or the High Court. As in all family law matters, cases are heard in private and the public is not admitted to the courtroom.
To apply for a Judicial Separation, the couple must be living apart from one another for 1 year before the application.
Applications for Judicial Separation are usually made where a person would a Court order to deal with.
- Provision for the children
- The family home
- Maintenance
- Pensions
- Other property
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”
A person may seek an order on one or more of the following grounds:
- That the other spouse committed adultery
- The other spouse has behaved in such a way that you cannot reasonably be expected to live with the other spouse
- You have been deserted by your spouse for a continuous period of one year before making thee application
- You have lived apart for at least one year before making the application
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.
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.
What else can our Separation Solicitor help you with?
Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership. To obtain a divorce, you must have lived apart from your spouse for a period of at least 2 years during the preceding 3 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.
When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party.
A separation agreement is a binding contract between spouses and usually contains the following terms:
Civil partnerships are partnerships which can be registered by two persons of the same sex. A court can grant a decree dissolving a civil partnership where:
Once a Civil Partnership has been registered each of the partners acquires rights, including:
A parent or legal guardian, whether married or not, can apply for maintenance from the other parent for their children. A summons is issued in the District Court by a parent seeking maintenance from the other parent.
Guardianship describes the legal responsibility of parents to make decisions and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.
Fathers and others who have been appointed joint guardians by a court or by statutory declaration can be removed from their position if the court is satisfied it is in the child’s best interest.
Custody refers to the day-to-day care, residency and upbringing of children who are regarded as dependent children. Dependent children in custody matters are children who are under the age of 18. In cases of judicial separation or divorce, one parent is usually granted custody.
Access refers to the right of a child to maintain direct contact with the parent with whom the child does not reside. It can include the child staying overnight either occasionally, on alternate weekends or during school holidays and for the parent and child going on holidays together.
A Protection Order can be made by the court where it considers that there are reasonable grounds for believing that it is required for the applicant’s safety or welfare or that of a dependent child. The order can be applied for when applying for a safety order.
