home | about | practice areas | testimonials | news | press | events | contact | links Practice Areas Family Law Divorce Judicial Separation Separation Agreements Custody / Guardianship / Visitation Rights Co-Habitation Agreements - Civil Partnerships Surrogacy Nullity Pre-Nuptial Agreements Mediation Collaborative Law Pension Provisions Maintenance Domestic Violence Child Abduction Childcare Domestic & Intercountry Adoptions Wardship Litigation Wills & Probate Property Conveyancing               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. 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:        Date News Item Link Few legal means to restrict rise in bogus unions The 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 once The Irish Times (25th May '10) Click to view No ‘de facto’ family in Ireland for unwed father The Irish Times (17th May '10) Click to view Damages award over interim barring order upheld The Irish Times (13th May '10) Click to view Thousands of Marriages at Embassies declared illegal Irish Times (10th March '10) Click to view Implementing best practice on the right of children to be heard Irish Times (1st March '10) Click to view Breakdown rate slowed after divorce Irish Times (23rd February '10) Click to view Ahern tells EU partners residency laws must be reviewed Irish 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 €1,648,000 January 2010 Click to view Report of a High Court Judgment O’C –v- O’C ref. applications to vary Consent orders in the context of economic conditions January 2010 Click to view Family Law Judicial Review Application out of time Irish Times (18th January '10) Click to view Taxation Implications on Separation and Divorce December 2009 Click to view Financial/Property Orders made on foot of a Separation or Divorce November 2009 Click to view Couples delaying separation due to Credit Crisis, Conference told Irish Times (23rd November '09) Click to view Judgment: Courts decide Family Law case must be heard in Ireland 27th July '09 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 Email: info@mcsolicitors.ie        powered by: go2web