There are certain criteria that must be met before a person can apply for a divorce in Ireland.
Clients sometimes want to state adultery or other bad behaviour as grounds for divorce. However, in Ireland, divorce in “no fault”. A divorce will be granted when 3 criteria are met.
Firstly, you and your spouse must be living separately and apart for at least 2 out of 3 years before proceedings are started. Separate and apart does not mean in separate homes. It also does not simply mean that you were not in a sexual relationship for 2 years, if there is any dispute about this, the court considers whether the relationship was intimate and committed. Both parties would need to give evidence on this.
Secondly, the Court must be satisfied that there is no reasonable prospect of reconciliation of your relationship. This question will be posed to the parties for their opinions.
Finally, the Court must consider whether proper provision has or will be made for each spouse and any dependent children.
Once a Court is satisfied that this criteria has been met, it will grant you a decree of divorce.
Please click on the link to watch a quick video on the ground for Divorce in Ireland.
If you would like to know more about the criteria or advice on how to apply for a divorce, please call us on (061) 467 392 or email info@listonfamilylaw.ie