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Judicial Separation

Where the parties to a marriage have agreed that the marriage is over and that there is no prospect of reconciliation, they may attempt to settle the affairs of the marriage themselves. Where agreement is not possible an application may be brought to the Courts for a Decree of Judicial Separation by either party.

It is a process which is not the same as Divorce and may be brought sooner than a Divorce. The areas which would be examined by the Court are as follows:

  • The family home,
  • Maintenance,
  • Custody,
  • Access,
  • Pension rights,
  • Succession rights,
  • Exclusion Clauses,
  • Waivers under the Family Home Protection Act,
  • Indemnities for future debts.

Conways Solicitors can advise you in respect of each of these headings.

Qualification for Judicial Separation:

In order to qualify for Judicial Separation you must satisfy one of the following criteria:

  1. You have lived apart for a continuous period of up to three years at the time of the application.
  2. Once spouse has left for at least one year, the consent of both parties is required for such an application.
  3. One party has behaved in such a way that it would be unreasonable to expect the other party to continue to live with that party.
  4. Adultery.
  5. The Court believes that at no stage did a normal marital relationship exist.