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The following article was published in our article directory on April 1, 2011.
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Marriage Meldown in Ireland: Options for a Being on Your Own again

Article Category: Legal

Author Name: Deirdre Blackwell

When married couples separate in Ireland, they legalise everything by going to the court and applying for one of the different options. This can be a separation agreement, judicial separation, divorce or nullity of the marriage. A separation agreement is contract between the couple that they will live separately. A judicial separation is a separation approved by the court but does not entitle either party to marry again. Divorce is also approved by the court and it dissolves the marriage and allows either party to re-marry. The court can also nullify a marriage, meaning it never existed, depending on the circumstances.

When a married couple decides to live apart, they can officialy enter into a separation agreement where terms are enumerated and agreed by both parties.

Judicial separation is a ruling given by the court to legalise a couple's separation. Before the court grants this, they must be happy that there is sufficient reason for the application, the couple knows about counselling and mediation, and the rightful requirements for the interests of the dependents, such as the children, have been given. The courts will then rule on specific matters that include child custody, access, child maintenance, and transfer of property. The request for this is made in the Circuit Court or Higher Court and the hearings are done behind closed doors.

The court will approve a decree of divorce to married couples as long as the required conditions are met. The couple must be living separate lives for at least four years prior to the application. There are also certain forms that the applicant must fill in. When these are submitted to the court and the court finds the justifications acceptable, they will then approve the divorce. Just like the judicial separation, the court will make orders relating to custody, access, maintenance, and transfer of property, among other things. Both parties can then enter into another marriage or a civil partnership. Divorce is irreversible.

When the court declares an annulment, this means the marriage is null and void. This means no marriage has existed between the couple. There are two marriage types according to the nullity law. These are the void marriages and the voidable marriages. The void marriage is a marriage that is considered that never really happened. The voidable marriage is when a marriage did actually take place and one of the parties wants to get it annulled. When the court agrees the marriage is voidable, it can then declare its nullity.

In all these cases, it is better if both parties to each have a Solicitor to represent them in the hearings. Knowledge of the law is vital here because the separation of spouses is a legal battle. With a Solicitor, the parties would end up getting what they both deserve. The issue of separation is not only an moving and a personal matter but it is also a legal matter of the Government of Ireland.

Keywords: marriage breakdown,marriage breakdown in ireland, divorce, separation agreement, judicial separation, annulment

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