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:
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.
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