What will happen to the children in a divorce?

Divorce definitionWhen a marriage breaks down, matters such as custody, visiting rights and arrangements for the education of children are often agreed between the parents either through a Separation Agreement or through Judicial Separation proceedings.

If arrangements are agreed and working well, the court will not normally disturb the agreement, if it properly provides for and protects the welfare of children. If a dispute exists about the custody of the children or about access by either parent, then the court will decide on such questions and by law the “paramount consideration” in such cases is the children’s welfare. In certain circumstances the court may order a report to be made about any issues affecting the welfare of the children.

QuestionWhat are the grounds to apply for a divorce?

A Divorce Order can only be granted by application to the Circuit or the High Court.

If you have already legally separated it can be a very straightforward application to apply for a divorce if all assets and liabilities have already been dealt with in the context of the legal separation.  Every individual situation is different however and individual advice is recommended.

To be eligible to apply for a divorce in Ireland both spouses must have lived apart for at least four of the preceding five years and there must be no reasonable prospect of the parties reconciling.