Divorce

Divorce

Divorce terminates a marital relationship and allows you and your former spouse to remarry. However, there are many hurdles to securing such a decree and there are future implications once such a decree has been granted. There is no such thing as a ‘clean break’ divorce in Ireland.

What are the grounds that I need to satisfy to seek a Divorce?

All of the below grounds must be satisfied for a decree of Divorce to be granted:

1. At the date of the institution of proceedings the spouses have lived apart from one another for a period of at least four years during the previous five years.

2. There is no reasonable prospect for reconciliation between the spouses.

3. Such provision as the court considers proper having regard to the circumstances which exist or will be made for the spouses and any dependant members of the family.

What exactly does a decree of Divorce mean for me? What are its effects?

1. Can I re-marry?
   Yes.

2. Will my guardianship rights be affected?
   No. The granting of a decree of divorce shall not affect the right of the father and mother of an infant to continue to be joint guardians of any relevant children. Custody however will be awarded to one parent while access rights are likely to be awarded to another

3. Is spouse protection legislation rendered inapplicable?
   Some protections may be withdrawn.
   
   A divorced spouse ceases to be a spouse for the purposes of the Succession Act 1965 i.e. you will no longer be entitled to one half of your estranged spouse’s estate on their death where no children, or to 1/3 where there is children of the marriage.

   However, a divorced party will remain a spouse for the purposes of the Domestic Violence legislation and will retain his or her rights to bring proceedings under this legislation against a former spouse.
   
   The granting of a decree of Divorce does not deprive a former spouse of his or her right to claim a widow or widower’s pension, the one parent family payment, or the right to continue to receive Deserted Wife’s Allowance or benefits.

   Nor will the divorced spouse be protected under the Family Home Protection Act i.e. they cannot veto a sale of their estranged spouse’s through absence of consent.

4. What are the tax implications?
   There are consequences for liability to tax. Please call our office to discuss these further.