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:
- 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.
- That there is no reasonable prospect of reconciliation between the parties; that there is no chance of the couple reconciling.
- 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 email@example.com.