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Divorce |
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Divorce Decree dissolves a marriage and allows either spouse to re-marry. Divorce has been legal in Ireland since 1996, when the Family Law (Divorce) Act was implemented. This allows a spouse to obtain a Divorce Decree in the Irish courts.
In order to obtain a Divorce Decree, the following conditions must be met:
- The spouses must have been living apart for four out of the previous five years.
- There must be no reasonable prospect of a marital reconciliation.
- There must be arrangements in place for the welfare of the spouse and or dependent children.
Before granting a Divorce Decree, the court will take the following factors into account:
- The current and future financial situations of both spouses
- Accommodation and property entitlements
- The future requirements and welfare of dependent children
- Succession rights
- The behaviour of both spouses, including their mental and physical wellbeing
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As lawyers we have duties and responsibilities under the act, they are as follows:-
- We must discuss the possibility of reconciliation
- Give the client the names and addresses of persons qualified to help to effect a reconciliation between the spouses
- Discuss the possibility of engaging in mediation to help to affect the divorce or separation on the basis agreed between the spouses, and give the client the names and addresses of persons qualified to provide a mediation service.
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