Divorce
The Family Law (Divorce) Act of 1996 allows for Divorce in Ireland and which sets down strict criteria which must be met in order for the Court to grant a Decree of Divorce. Only either the Circuit Court or the High Court can issue a Decree of Divorce. A Divorce allows both parties to a marriage to remarry if they so wish.
Before a Court can grant a Decree of Divorce in Ireland the following conditions must be met:-
- The Parties must have been living apart from one another for a period 4 out of the previous 5 years before the application is made
- There must be no reasonable prospect for reconciliation
- Proper provision has or will be made for the spouse and the dependent children of the marriage at the time of granting the Decree of Divorce
It is important to be aware that the area of Divorce is complex and although most parties can fulfill conditions 1 and 2 above, it is more difficult to satisfy the Court that you have complied with condition 3 above in relation to proper provision and that is why it is important to obtain legal advice in this area.
Field Solicitors is always open to, and actively encourages our Clients, to enter into meaningful negotiations with a view to leading to settlement that can be then ruled by the Court rather than dealing with matters on a contentious basis. However, in some cases it is not always possible to reach settlement. It is extremely important to remember that no two family law cases are the same and each case is different and should be treated differently.
For further information and advice regarding your legal rights and entitlements or guidance through the Divorce process, please contact Averil Field by calling 01 6291155 or complete the online enquiry form.
