Judicial Separation

Cosgrove Gaynard Solicitors

When parties cannot reach agreement as to the terms by which they will separate, then an application to court is required for a judicial separation.

JUDICIAL SEPARATION

When parties cannot reach agreement as to the terms by which they will separate, then an application to court is required for a judicial separation.

As is the case in all family law matters, a judicial separation case is heard in camera ( in private) and is brought in either the Circuit Court or the High Court depending on the assets of the individuals involved.

A judicial separation decree confirms that a couple no longer live together as a married couple but the court can also rule on access, custody, maintenance, property , succession rights, pensions etc as part of the application.

Under current legislation there are six grounds for an application to court for a judicial separation:

  1. The respondent has committed adultery
  2. The respondent has behaved in a manner in which you cannot reasonably be expected to live with them .
  3. The respondent has deserted for a continuous period of one year
  4. The couple has lived apart for a period of over one year and the respondent consents to the application.
  5. The couple have lived apart for a period of over 3 years
  6. The marriage has broken down to the extent that the court is satisfied that a normal marital relationship has not existed for a period of one year

Once it is established that one of these grounds exist the court will also look to be satisfied that the couple have been advised regarding counselling and mediation as an alternative and that proper provision has been made by all dependents. In particular the welfare of any children are of utmost concern to the court.

One question we are often asked by clients is : Why Judicial separation instead of a divorce?. To apply for a divorce, you must be separated for four out of the previous five years and so a judicial separation allows you to put arrangements in place until that timeframe has been met.

All news
Want to Start a Fintech Company in Ireland? Fintech and the law

Check out our new video on setting up a fintech company in Ireland! Do you know what fintech laws you need to abide by? Need a fintech solicitor? Our video has all the fintech answers you need.

Text Link
EU cryptocurrency regulations 2022 update

Crypto regulations Ireland and the EU - update. The law around cryptocurrency may change again, with a set of compromises to the original MiCA legislation announced by the European Union on the 28th of February 2022.

Text Link
Recent case - Norwich Pharmacal Order obtained against Coinbase Europe Limited by Cosgrove Gaynard Solicitors

Cosgrove Gaynard Solicitors were delighted to be involved in a recent case for a private client in the High Court, in which we sought a Norwich Pharmacal Order to direct Coinbase Europe Limited to hand over details of an account/account holder who may be connected with stolen bitcoin.

Text Link
Awards - Fintech Law firm of the Year in Ireland 2022

Awards: Fintech Law firm of the year in Ireland 2022

Text Link
Need a Property Solicitor?

If you’re buying or selling a property, changing mortgages, or investing, it's going to be absolutely vital that you have the services of an expert property solicitor in your corner.

Text Link