Judicial Separation in Ireland
Judicial Separation in IrelandUpdated on Friday 14th April 2023
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Judicial separation in Ireland refers to the legal procedure through which a married couple files for an official separation related to their habitual residence. It implies that the spouses are interested in living separately, prior to the divorce procedures. Our team of attorneys in Ireland can offer legal representation in the situation in which the applicants are interested in filing for a decree of judicial separation.
When to apply for judicial separation in Ireland
The application for judicial separation in Ireland can only take place if certain conditions are met, as follows:
- the legal grounds for judicial separation are met;
- the couple has already received counselling through mediation;
- the couple can provide proof that their dependants (such as the couple’s children) can receive proper living conditions.
The applicants will need to file for a decree of judicial separation at a local court in Ireland and, if the above mentioned conditions are met, the judge will grant the decree. After the document is obtained, the married couple is no longer obligated to live in the same household and our team of Irish lawyers can offer legal advice on the procedure.
However, it is necessary to know that the Irish authorities may issue further decrees related to various aspects following a separation, such as:
- child’s custody;
- transfer of property;
- aspects related to the succession rights of the spouses.
Legal grounds for judicial separation in Ireland
According to the applicable law in Ireland, a married couple may file for judicial separation in designated conditions, related to the interaction between spouses.
Judicial separation can be filed for one of the following reasons:
- behavioural aspects of one or both of the spouses which do not comply with a solid marriage;
- the parties have started living separately for at least one year at the moment when they applied for judicial separation.
- the parties have been living separately for at least three years, in which case, one of the spouses can apply for the legal procedure even if the other spouse may not agree.
If you have already been living apart from one another for more than three years, and reconciliation is no longer an option, then you can discuss the process for divorce in Ireland with our team of lawyers. At the time of the divorce application, the spouses are expected to live apart for at least two of the three years preceding the application, however, in case of a previous judicial separation, this requirement is often times already met.
Persons who are interested in receiving further information or legal representation on the judicial separation in Ireland are invited to contact our Irish law firm.