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You are here:  Home  >>  Practice Areas  >>  Judicial Separation
      
JUDICIAL SEPARATION
      
When a couple in Ireland cannot agree the terms by which they will live separately an application to the Courts for “Decree of Judicial Separation” can be made by either party.

The Court must be satisfied that the couple have been advised about Counselling/ Mediation.

Proper provision has been or will be made for in respect of any dependent members of the family.

An Application for a Decree of Judicial Separation is made either in the Circuit Court or the High Court. Cases are heard in private and public is not admitted.
      
An Application for Judicial Separation must be based on one of the following six grounds:
      
One party has committed adultery.
One party has behaved in such a way that it would be unreasonable to expect the other Spouse to continue to live with him.
One party has deserted the other for at least one year.
The parties have lived apart from one another for one year up to the time of the Application and both parties agree to the Decree being granted.
Judicial Separation, Divorce, Marital Breakdown, Family Law Solicitor Dublin Ireland
The parties have lived apart from one another for at least three years at the time of the Application for the Decree.
The Court considers that a normal marital relationship has not existed between them for at least one year before the date of the Application.
      
      
RELATED CASE STUDY - JUDICIAL SEPARATION
      
News Items / Relevant Newspaper Articles:
      
DateNews ItemLink
Inappropriate to refer marital status of refugees to Circuit CourtThe Irish Times
(30th January '12)
Click to view
Boy (13) allowed to remain with father in IrelandThe Irish Times
(13th January '12)
Click to view
Supreme Court strikes down family law orders as excessiveThe Irish Times
(7th November '11)
Click to view
Provision for ex-wife found to be excessiveThe Irish Times
(20th October '11)
Click to view
Rules for family law reporting of interest in Irish legal circlesThe Irish Times
(3rd October '11)
Click to view
The marriage break-up: 'Doubt, panic and loneliness'The Irish Times
(30th August '11)
Click to view
Female victims of domestic violence suffer sexist attitudeThe Irish Times
(30th August '11)
Click to view
EU Mediation Regulations now law in IrelandMediate Ireland
(30th August 2011)
Click to view
Abuse charity 'struggles' with demandThe Irish Times
(29th August '11)
Click to view
Agency cites internet misuse for marital riftsThe Irish Times
(12th August '11)
Click to view
Maintenance reduced in order to reflect changed circumstancesThe Irish Times
(25th July '11)
Click to view
Child-custody petitions soar as fathers bid to keep welfare payThe Irish Independent
(14th July '11)
Click to view
Applications for separation, divorce at lowest in decadeThe Irish Times
(14th July '11)
Click to view
Polygamous marriage valid in Lebanon but not under Irish lawThe Irish Times
(12th December '03)
Click to view
Time is right for referendum to amend Constitution on divorceThe Irish Times
(30th May '11)
Click to view
Divorce makes provision for wife's nursing home careThe Irish Times
(21st March '11)
Click to view
Marriage 'of convenience' not illegal and man's arrest ruled unlawfulThe Irish Times
(7th March '11)
Click to view
Judge imposes an Isaac Wunder order on Tipperary farmerThe Irish Times
(21st February '11)
Click to view
Amount payable to wife reduced in family law proceedingsThe Irish Times
(14th February '11)
Click to view
Study finds mothers get children after splitThe Irish Times
(1st February '11)
Click to view
Developer defrauded estranged wife with transfer of €965,000 loanThe Irish Times
(27th January '11)
Click to view
Nama shows a new-found interest in family valuesThe Sunday Independent
(23rd January '11)
Click to view
Examining the impact of Nama on a case of family lawThe Irish Times
(17th January '11)
Click to view
Attempt to quash order for maintenance payment failsThe Irish Times
(13th December '10)
Click to view
Orders regulating access made after children consultedThe Irish Times
(29th November '10)
Click to view
Redress Board award should feature in maintenanceThe Irish Times
(15th November '10)
Click to view
Prenuptial agreement should have 'decisive weight'The Irish Times
(1st November '10)
Click to view
Dissenting judge calls for review and reform of marriage agreements lawThe Irish Times
(1st November '10)
Click to view
English court rules for more transparency in family law proceedingsThe Irish Times
(11th October '10)
Click to view
What happens to Dads after splitThe Irish Times
(5th October '10)
Click to view
Separation in a recession: Living together when a marriage endsThe Irish Times
(4th October '10)
Click to view
The legal complications of separatingThe Irish Times
(4th October '10)
Click to view
When house sharing goes wrongThe Irish Times
(4th October '10)
Click to view
'No hiding place' for parents under new EU maintenance lawThe Irish Times
(29th September '10)
Click to view
Few legal means to restrict rise in bogus unionsThe Irish Times
(17th August '10)
Click to view
Registrar warns of rapid rise in 'sham marriages'The Irish Times
(17th August '10)
Click to view
Abused women no longer to be advised to leave home at onceThe Irish Times
(25th May '10)
Click to view
No ‘de facto’ family in Ireland for unwed fatherThe Irish Times
(17th May '10)
Click to view
Damages award over interim barring order upheldThe Irish Times
(13th May '10)
Click to view
Thousands of Marriages at Embassies declared illegalIrish Times
(10th March '10)
Click to view
Implementing best practice on the right of children to be heardIrish Times
(1st March '10)
Click to view
Breakdown rate slowed after divorceIrish Times
(23rd February '10)
Click to view
Ahern tells EU partners residency laws must be reviewedIrish Times
(25th January '10)
Click to view
Recent Decisions in Family Law, in particular a Supreme Court Judgment in respect of an Appeal in a High Court Divorce Order granting a husband a sum of €1,648,000January 2010Click to view
Report of a High Court Judgment O’C –v- O’C ref. applications to vary Consent orders in the context of economic conditionsJanuary 2010Click to view
Family Law Judicial Review Application out of timeIrish Times
(18th January '10)
Click to view
      
      
 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345 or by filling out our on-line enquiry form.
        
Marion Campbell Solicitors,
16-18 Harcourt Road, Dublin 2
Phone: +353 (1) 475 9345
Fax: +353 (1) 478 2224
      
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