This area of law is governed by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. In general, this Act lays down that civil partners have much the same rights as married couples in relation to succession, pensions, maintenance, family home etc.
In order to dissolve a civil partnership in Ireland, the following must be present:
• The parties must have lived apart for a minimum of two years in the prior three years.
• Acceptable arrangements have been made (or will be made) for the civil partners.
If the above have been satisfied, the following court orders can be made:
• Concerning the ownership of property.
• To deal with maintenance for the spouse most dependent.
• Concerning life policies and pensions.
• For succession rights.
The grant of these orders is not automatic and the Court will take a number of factors into account when deciding whether or not to make an order.
Dissolving a civil partnership can be a difficult and stressful time. Callinan Murphy have much experience in this area. For friendly and comprehensive advice, please feel free to contact us: by phone on 065-6828990 or email us at info@callinanmurphy.ie or lornahrehorow@berwick.ie or use the ‘Contact Us’ section of our website.
Frequently asked questions for Divorce and Separation
What is the difference between being Divorced and being Legally Separated?
If you obtain a Judicial Separation, you continue to be married and cannot remarry. On the other hand, divorce is final; marriage is at an end, this cannot be reversed and you are free to remarry. However, a Separation does settle a lot of matters such as financial arrangements, ownership of assets, access/custody of children and other such factors so it is often the appropriate step where one does not want to wait the requisite two years or the finality of divorce.
Is it necessary to obtain a Judicial Separation before you apply for a divorce?
The answer is no. Judicial Separation is not a pre-requisite for applying for divorce.
Explain Mediation
This is a process which is often very effective and involves an independent third party liaising between the parties with a view to trying to reach agreement on issues. The mediator will try to resolve matters such as asset division, pension, custody and access to children. Mediation can also avoid the bitterness that can develop between parties when litigation becomes sharp. If a couple can reach agreement in mediation, those terms can then form part of a consent agreement. This can then save couples thousands of euro in legal fees where they can reach agreement.
How about a DIY divorce?
Under the law there is no obligation on either party to have a solicitor when seeking a divorce in Ireland. However, in cases where divorce is contested or there are issues over assets, or arrangements concerning the children then it is advisable to seek legal advice before bringing an application. Even if you have decided you do not want to retain a solicitor, it is best to seek legal advice. We often come across clients who have drafted their own legal papers and consent terms many years later and there have been difficulties in same.
Therefore, we recommend that at the very least that you have each party get a solicitor to review the terms of separation or divorce before you agree to same. Pensions are highly complex and it is important to seek advice on these before pension adjustment orders are made. Remember that in a DIY divorce you are responsible yourself and if it goes wrong the consequences rest with you alone. It is always advisable to seek the advice of a family law solicitor and/or family law barrister first.
Is it possible to get a divorce online?
In Ireland, the current system does not allow applicants to file online for a divorce. You must submit the paperwork through the Circuit Court office.
Is there a special divorce court?
The applications take place at the local Family Circuit Court.
How long does the process of obtaining a divorce or legal separation take?
There is a backlog in the court system and, accordingly, it may take many months before your case will come up for hearing. Furthermore, there can be other reasons for delays; for example, if there is a lot of disagreement between the parties. However, where there is a good chance of settling a case or where the terms have been agreed between the parties, the process can move quickly. We believe in moving things along as swiftly as possible to avoid hefty fees for clients. A fully contested divorce usually takes on average approximately 9 months. Where the parties are not contesting the divorce but merely working out financial arrangements and child arrangements, then 6 months is more common.
What is the position when I am waiting for my divorce?
Normal life takes place. For those who are long estranged, very often things can be amicable or the process can move along in the background. For those who are living together or where there may be maintenance, access or domestic violence issues, either spouse is entitled to apply for interim remedies including orders for periodical payments (maintenance), custody of children, safety or barring orders and an order entitling one spouse (normally the wife with any children) to sole occupancy of the family home. We can advise on all aspects of this.
Can I get Divorced in Ireland if I married abroad?
Yes, anyone who resides in the Republic of Ireland can file for a divorce in Ireland.
Who gets the family home?
Often when discussions about divorce arise, there is an assumption that the family home is the biggest asset and parties to a divorce may place a major focus on the family home. However, in reality, and certainly given property market values of the past few years, a pension may be the most valuable asset. It should be noted that if one spouse has a substantial pension and the other spouse has none, perhaps because he or she worked in the home, the court can order that part of the spouse’s pension be paid to the other spouse or to a dependent child. Alternatively, part of the pension fund could be split and put into another pension fund in the name of the second spouse. This is known as a pension adjustment order. Before making a pension adjustment order, a court will consider all of the finances available to the parties and if it refuses to make a pension adjustment order, it may decide to reflect the value of the pension fund in the division of other marital assets.
Once granted, a pension adjustment order is then served on the trustees of the pension scheme who will then amend the pension in favour of the other spouse. The danger in not dealing properly with pensions during a divorce is that the problem may not become apparent until such time as someone retires. As pensions are very complex, it is strongly advised to consult with a solicitor and a pension specialist before negotiating any family law settlement. In this regard, Callinan Murphy are experienced family law solicitors who can offer you legal advice in this area.
What is involved in the divorce process?
Family law courts are held in private, so that only the parties involved and their legal advisers are in court. If there is substantial agreement between the parties the hearing is usually brief. If the cases goes to full hearing i.e. you cannot agree the terms of the separation or divorce, you will be both asked to give evidence and you may be cross examined. You must disclose all evidence and swear on oath. Ireland operates a no-fault based jurisdiction so, if a couple have fulfilled the legal requirements, either partner is entitled to a divorce, however badly they may have behaved.
Is there a need for a barrister?
It depends on the type of case and the circumstances. If there are complicated issues regarding property, access, pensions or maintenance in a divorce or judicial separation, it is usual that a barrister will be retained in a case. Your solicitor will advise you on the facts of your case. In cases where there are complex issues even the most experienced of family law solicitors will bring an experienced barrister on board. You should seek a divorce solicitor who regularly works in the area of family law so that you obtain the best advice possible. Callinan Murphy will give you a good idea about this from the outset.
What should you do if you want a divorce?
It is advisable to consult with a family law solicitor to obtain advice. A divorce should always be the last resort.
Please feel free to contact us if you have any queries concerning any of these matters. We will be delighted to hear from you. Please contact us: – by phone on 065-6828990 or email us at info@callinanmurphy.ie or lornahrehorow@berwick.ie or use the ‘Contact Us’ section of our website.
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