Before applying to the Court for a Divorce, all of the following conditions must be met:
- The spouses must have been living apart for a period amounting to four out of the previous five years. Both parties could be living within the same house but be living apart within separate households.
- There must be no reasonable prospect of reconciliation.
- Proper provision must be made for spouses and any dependant members of the family, such as children and other relatives.
Like Judicial Separation, the court may take a number of factors into account when granting a divorce decree. Before a divorce hearing proceeds, each party provide the other party and the court with all the information regarding their income.
The factors taken into account are:
- The income and assets and the likely future income of the spouses
- The standard of living of the family before the marriage breakdown
- The age of the spouses and the duration of the marriage
- The physical and mental health of each of the spouses
- The degree to which the marriage affected each spouses ability to earn
- The conduct of each spouse
- The value of any benefits given up by a spouse because of the divorce
- The rights of any other person affected by the divorce
- The terms of any separation agreement between the spouses
Divorce proceedings are heard in the Family Circuit Court or the High Court and are held in private. The Court has the right to review Divorce Orders in relation to children, maintenance, etc. if the circumstances of one spouse changes considerably or if it becomes clear that full disclosure was not made at the time of the initial hearing. However, the divorce decree itself cannot be reversed.
The extensive experience and expertise of our LawPlus family law specialists, who represent clients in both Circuit and High Court family law proceedings, ensure your interests are properly protected and your case articulated and presented to the relevant Court in an expert fashion.
To talk to us about negotiating a Divorce settlement or representing you in Divorce proceedings contact LawPlus Family to talk to one of our family law specialists or alternatively view our family law fixed fee service for further details.