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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
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
Taxation Implications on Separation and DivorceDecember 2009Click to view
Financial/Property Orders made on foot of a Separation or DivorceNovember 2009Click to view
Couples delaying separation due to Credit Crisis, Conference toldIrish Times
(23rd November '09)
Click to view
      
      
 For further information, please contact Marion Campbell Solicitors by calling  (0..., or by filling out an on-line enquiry form.
        
Marion Campbell Solicitors,
16-18 Harcourt Road, Dublin 2
Phone:  +353 ...
Fax: +353 (1) 478 2224
      
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