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The right to obtain a divorce is a Constitutional Right as protected under Article 40.3.2 of the Constitution of Ireland and is governed under the Family Law (Divorce) Act, 1996.

In order to obtain a divorce, there are three grounds that the Court will consider, set out under Part II Section 5 of the 1996 Act, including:

  1. That the parties have been living separate and apart for 2 of the previous 3 years. This can include parties who are living under the same roof, so long as the parties are living separate and apart; i.e. have separate lives and not one as a married couple.
  2. That there is no reasonable prospect of reconciliation between the parties; that there is no chance of the couple reconciling.
  3. That adequate provision is made for the spouses and the children, if any.

For more information about your rights and options, and would like to speak with a divorce solicitor, please contact Powderly Solicitors on 01-6284333 or contactus@powderlysolicitors.ie.


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