Judicial Separation

Child Family Law Department KODLyons

Proper provision has been or will be made for in respect of any dependent members of the family.

An Application for a Decree of Judicial Separation is made either in the Circuit Court or the High Court. Cases are heard in private and public is not admitted.

An Application for Judicial Separation must be based on one of the following six grounds:

  • One party has committed adultery.
  • One party has behaved in such a way that it would be unreasonable to expect the other Spouse to continue to live with him.
  • One party has deserted the other for at least one year.
  • The parties have lived apart from one another for one year up to the time of the Application and both parties agree to the Decree being granted.

It is only a Court in this jurisdiction that can grant a Decree of Divorce.

Before a Court can grant a Decree of Divorce in Ireland, the following conditions must be met:

  1. The parties must have been living apart from one another for a period amounting to four out of the previous five years before the Application is made.
  2. There must be no reasonable prospect for reconciliation.

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