Separation and Divorce

The breakdown of a marriage or relationship is an extremely stressful and emotional time for any couple, leaving with it, a wide range of complex issues to be considered. Some of the key issues to be determined in both Separation and Divorce will include terms to provide for custody of and access to children, maintenance, division of assets, pension provision and succession rights.

Parties can choose to enter into a legally binding separation agreement whereby you and your partner can negotiate your own separation. If you are unable to agree matters, you can seek a separation by Order of the Court to define the terms of your separation. A legal separation will not however change your marital status. Parties will remain married in the eyes of the law until a decree of divorce is granted by the courts.

The Family Law Act 2019 came into force on the 1st on December 2019 amending various sections of preceding family law legislation, including the Family Law (Divorce) Act 1996. Under the new legislation, married couples can now apply to the courts to initiate divorce proceedings after a period of 2 years subject to certain conditions being met.

• The court must be satisfied that the spouses have lived apart for at least 2 of the previous 3 years.

• There must be no prospect of reconciliation.

• The court must also be satisfied that proper provision has been made for any dependent members of the family.

Once a Divorce Decree has been granted by the Court, each party is then free to remarry.

If you would like some advice in relation to these recent changes, assistance on reaching an agreement or initiating court proceedings for separation or divorce please feel free to contact us on 01-8735012, at or

Contact McGrath Mullan

If you are thinking of engaging a lawyer, why not contact us today to see if we can assist? Any of our solicitors will be delighted to speak with you without obligation.

McGrath Mullan Solicitors

Phone: +353 (0) 1 873 5012

Fax: +353 (0) 1 873 5024