Divorce Agreement in Ireland: Understanding the Process
Divorce is a legal process that dissolves a marriage and releases both parties from their obligations as a married couple. In Ireland, it is governed by the Family Law Act of 1995. When two individuals decide to end their marriage, they must reach a divorce agreement that outlines the terms of their separation. This article will explain the divorce agreement process in Ireland.
Grounds for Divorce
To obtain a divorce in Ireland, one of the following grounds must be proven:
– The spouses have lived apart for at least four years and both parties agree to the divorce.
– The spouses have lived apart for at least five years.
– One spouse has committed adultery.
– One spouse has engaged in behavior that makes it intolerable for the other spouse to continue living with them.
– One spouse has deserted the other for at least one year.
Preparing a Divorce Agreement
Once the grounds for the divorce have been established, the spouses must reach a divorce agreement. The agreement must address the following:
– Division of property and assets: This includes the division of any property, savings, investments, and assets owned by the couple.
– Maintenance: This refers to any ongoing support payments to be made by one spouse to the other.
– Custody of children: This outlines where the children will live, who will make decisions about their upbringing, and the access rights of each parent.
– Guardianship: This deals with the legal responsibility for making decisions on behalf of the children.
The agreement must be signed by both parties, and a copy must be submitted to the court along with the application for divorce.
Once the application for divorce has been submitted, the court will set a date for a hearing. A judge will review the divorce agreement and may ask questions of the parties involved. If the judge is satisfied that the agreement is fair and equitable, a decree of divorce will be granted.
Divorce is a difficult and emotional process. In Ireland, it is important to understand the legal requirements and process involved in reaching a divorce agreement. If you are considering divorce, it is recommended that you seek the advice of a qualified family law solicitor who can guide you through the process and ensure that your rights are protected.