Divorce
The primary difference between a judicial separation and a divorce is that a divorce allows you to remarry. Divorce terminates certain rights, such as succession rights and pension rights, and so it is always important to obtain legal advice at the outset.
Before applying to the court for a divorce, all of the following conditions must be met:
- The spouses must have been living apart for a period amounting to four out of the previous five years. Both parties could be living within the same house but be living apart within separate households.
- There must be no reasonable prospect of reconciliation.
- Proper arrangements must have been made for spouses and any dependant members of the family, such as children and other relatives.
Like Judicial Separation, the court may take a number of factors into account when granting a divorce decree.
The costs for a divorce, where there is no previous separation agreement or decree of judicial separation in place, are generally comparable to the costs for a judicial separation. This is because the legal process is similar, with the requirement to make application to either the Circuit Court or High Court. Costs are determined by a number of factors, the biggest being whether the divorce is uncontested or contested.
The court has the right to review divorce agreements in relation to children, maintenance, property etc. if the circumstances of one spouse changes considerably or if it becomes clear that full disclosure was not made at the time of the initial hearing. However the divorce decree itself cannot be reversed.
Call 1890 FAMILY today for help, guidance and professional advice in your Divorce application
With Divorce Direct, you have direct access to an experienced family lawyer who deals exclusively in family law matters. We work for you and with you to achieve the best possible terms, at the lowest possible cost.
Contact Divorce Direct on 1890 FAMILY for a free consultation about your divorce. You can speak to a solicitor, or simply enquire online and a family law solicitor will call you back.
