In legal terms, divorce in Ireland is a relatively new introduction. Despite this, society has changed hugely since its introduction over 20 years ago. One of the most recent developments has been the reduction of the ‘living apart’ period, following a Constitutional Referendum, from 4 years to 2 years in 2019.
Family law proceedings have a distinct unique and personal nature. Divorce has legal, taxation and personal consequences for the parties involved. For a divorce to be granted, three grounds must be satisfied, they are as follows:-
1. That there is no reasonable prospect of reconciliation;
2. That the parties have been living apart for 2 out of the previous 3 years;
3. That proper provision has been made for all parties.
The legal system is subjective in nature. It aims to approach each matter on a case by case basis and take account of the particular facts and circumstances of each case. Contrary to common belief, it is absolutely not the case that assets are split 50:50. In deciding what constitutes proper provision in a particular case, the Court is required to assess the nature and impact of the marriage, and the various circumstances relevant in each case. This means that there is scope for a very diverse range of outcomes and judgments. At Sellors LLP, we endeavour to guide and support you through the divorce process and aim to ensure the best outcome for you and your family.
If you have any specific queries or require advice/further information in relation to the above, please contact Dervla Beirne, Solicitor, Sellors, Solicitors, Limerick;- [email protected]