No-Fault Divorces
Ireland’s no-fault divorce system enables married partners to divorce without holding the other responsible. It is possible for this type of divorce to be granted even if one partner is opposed to it, leading to difficulties regarding finances, childcare, and other matters. In these scenarios, McCarthy + Co’s family law team can help you reach a fair settlement.
Understanding Ireland’s No-Fault Divorce System
Since the introduction of the Family Law (Divorce) Act 1996, Ireland has operated a no-fault divorce system. This means that a couple can apply for a divorce without having to prove that either spouse was at fault.
The main requirement is that the couple must have lived apart for at least two of the previous three years, and there is no reasonable prospect of reconciliation.
This approach is designed to avoid the stress and conflict that can come with trying to prove wrongdoing. Instead, the focus is placed on reaching a practical, fair resolution and making the arrangements needed for the divorce process to move forward.
Most divorce applications are brought in the Circuit Court, although some cases may be heard in the High Court. To begin divorce proceedings, the applicant must prepare the following documents:
- A Family Law Civil Bill – This sets out when you were married, how long you have lived apart, and the names and birth dates of any children.
- An Affidavit of Means – This sets out your financial position, including your assets, income, debts, liabilities, and outgoings.
- An Affidavit of Welfare – If children are involved, this sets out details about their education, health, and childcare arrangements.
- A Notice of Motion and Affidavit – The Notice of Motion asks the court to consider and rule on your application, and the affidavit confirms that you have followed the required steps in applying for a divorce.
Once these documents have been filed in the relevant Circuit Court, copies are sent to the respondent (your spouse). They must then indicate whether they agree or disagree with the terms of the divorce.
If your spouse does not agree, mediation and negotiation may be needed to try to reach a settlement. If no agreement can be reached, the case will go to court, and a judge will decide the outcome. For that reason, it is usually in everyone’s interests to try to resolve matters amicably and outside court where possible.
A practical, experienced approach
At McCarthy + Co Solicitors LLP, our family law team regularly supports people who are dealing with heartbreak, uncertainty, and a deep sense of loss. In many cases, clients feel they have been treated unfairly by a spouse and believe this should affect the financial outcome.
However, in Ireland, the courts do not generally apportion blame in divorce proceedings, except in very serious cases, such as domestic abuse or child abuse. For that reason, we encourage clients to focus on achieving a fair and workable arrangement, rather than becoming involved in lengthy, costly court disputes.
Our family law team is led by Clíodhna O’Regan, who has extensive experience at Circuit Court and High Court levels. If you would like support in reaching a fair arrangement for yourself and any children you may have, you can begin by completing our quick and confidential online form. A member of our family law team will then be in touch with you to arrange a time to speak with a solicitor here.
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Frequently Asked Questions
Questions we are often asked in relation to divorce & separation.
What does “no-fault divorce” mean?
A no-fault divorce means you do not have to prove adultery, cruelty, or other wrongdoing to get divorced. Instead, the court looks at whether the legal conditions for divorce are met.
What are the grounds for a divorce?
Before a court can grant a divorce, the following three conditions must be met:
- The spouses must have been living apart from one another for two out of the previous three years on the date the divorce application is made. Note that before the introduction of the Family Law Act 2019, this was 4 out of the previous 5 years.
- There must be no reasonable prospect of reconciliation.
- Proper provision must have been made, or will be made, for the spouses and any dependent children of the parties.
The Family Law Act 2019 also clarifies that ‘living apart’ includes couples who live in the same house but are not in an intimate and committed relationship.
Can we be considered “living apart” if we still live in the same home?
Yes. Irish law recognises that spouses can be living apart while remaining under the same roof, if they are no longer living together as a couple in an intimate and committed relationship. The law also makes clear that a relationship does not stop being intimate simply because it is no longer sexual.
Do I need a judicial separation before I can get divorced?
No. You do not need to get a judicial separation first. Some people choose judicial separation because they want formal arrangements in place while remaining legally married, but it is not a requirement before divorce.
What is the difference between divorce and judicial separation?
A divorce legally ends the marriage and allows either spouse to remarry. A judicial separation allows a couple to live separately and ask the court to deal with matters such as property, maintenance, pensions, and children, but the marriage itself is not dissolved.
When might judicial separation be worth considering?
Judicial separation may suit people who want legally binding arrangements about finances, property, pensions, or parenting, but do not yet want a divorce, or cannot yet meet the divorce timing requirement. It may also be chosen for personal, practical, or religious reasons.
What does “proper provision” mean?
“Proper provision” means the court must be satisfied that fair arrangements have been made, or will be made, for both spouses and any dependent children.
Will the court deal with arrangements for children as part of the divorce?
The court must consider whether dependent children are properly provided for. Information about children is normally given through the welfare documentation, and the court can make or consider orders relating to issues such as living arrangements, access, maintenance, and other family law matters where appropriate.
Which court deals with divorce cases in Ireland?
Most divorce applications are made in the Circuit Court. Some higher value cases can be brought in the High Court.
Can a divorce be agreed upon without a full court hearing?
Some cases proceed on consent where terms have been agreed, while contested cases can move towards a full hearing. Even where agreement is possible, the court must still be satisfied that the legal requirements for divorce are met and that proper provision has been made.
Is mediation available in divorce cases?
Yes. Mediation is available for separating and divorcing couples, and the Legal Aid Board offers a family mediation service at no cost.
Can I get legal aid or legal information?
In some family law cases, civil legal aid and advice are available through the Legal Aid Board for people who satisfy the means test.
Can I remarry once I am divorced?
Yes. A decree of divorce ends the marriage and gives either party the right to remarry. A judicial separation does not.
About McCarthy + Co
McCarthy + Co. are a team of solicitors with more than 30 years of experience in providing legal advice, guidance and assistance to clients across Ireland.
We are a family-run business with offices in Dublin and Cork, but we have dealt with clients everywhere from Galway and Limerick to Waterford. We are honest, plain-speaking and thorough – we will work alongside you to achieve the best possible outcome for your case.
Clíodhna O’Regan
Associate Solicitor
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Flor McCarthy
Email: flor@mccarthy.ie
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Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
Email: john@mccarthy.ie
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LinkedIn: /in/johnmccarthysolicitor/
John McCarthy is a seasoned solicitor with more than 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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