Practice Areas
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.