When the court grants a Decree of Divorce it is final and cannot be reversed. It dissolves a marriage and allows the parties to remarry.
The Family Law Act 2019 commenced on the 1st day of December 2019 and changed the rules for a getting a divorce in Ireland. Previous to this a couple must have been living apart for a period of 4 out of the previous 5 years prior to making an application for a divorce. The new rules set the period for living apart for at least 2 out of the previous 3 years prior to making the application.
Divorce in Ireland is a no fault system which means there is no need for the parties to rely on any grounds of fault in their application such as adultery, for example.
Decree of Divorce
Prior to making a Decree of Divorce the court must be satisfied that certain conditions have been met as follows:
- As referred to above, the parties must have been living apart for a period of 2 out of the previous 3 years prior to the application being made.
- Either party must have been domiciled in Ireland when the application is made or, either party must have lived in Ireland for at least a period of 1 year prior to the application being made
- There is no prospect of reconciliation between the parties
- Proper provision has been made for the spouse and any dependent children (this relates to the issues referred to below i.e. maintenance etc)
At the time of granting a Decree of Divorce, the court will also make Orders in relation to the following:
- Custody and access
- Maintenance and lump sums payments
- The family home and any other property
- Any other assets
- Succession rights
- Pensions (Pension Adjustment Order)
The Orders are final and only in exceptional circumstances can a spouse go back to court in respect of any of the Orders made, for example a significant change in either spouse’s financial situation.
Divorce by Consent
Divorce by consent is obviously easier and quicker where both parties have agreed on the terms of their divorce. However, an application has to be made to court in same way but the paperwork can then be fast tracked so to speak to the point of going to court to have the divorce and agreed terms ruled. The court must still be satisfied that the conditions as set out above have been met prior to granting the Decree of Divorce.
At Hoban Boino Solicitors, agreement between the parties is always the preferred and advised course of action
Deed of Waiver
Deed of Waiver is a document signed by both parties at following a Decree of Divorce being granted. This confirms that you both waive your entitlement to each other's property into the future and the ownership thereof and that you are consenting to all future property transactions that either of you might engage in.