Judicial Separation in Ireland is a legal process by which married couples are no longer compelled to live together. Through this process separated couples can formally declare their separation on the basis of agreed terms. They have to refer to court orders in matters related to issues like property, custody of their children and other financial issues. This will allow them to apply for a decree of judicial separation in Ireland in the court.

On the basis of the grant of a legal action under judicial separation and Family Law Reform Act 1989, the spouse is released from the marriage contract, from their duties and even the compulsion of staying together. However, they cannot remarry, as they will remain husband and wife. Judicial separation laws along with the Family Law Act 1995 provides access to a spouse for custody of children, property and other matters of concern.

If any solicitor fails to convince his client and his or her spouse to solve their problem through Deed of Separation, then only they can opt for judicial separation. Before their clients apply for judicial separation or divorce they must discuss with them the possibilities of reconciliation and ask to provide them the name and address of the person qualified for that purpose. Solicitors should also discuss with the client about matters related to mediation.

Grounds of Judicial Separation

There are six specific grounds mentioned under Section 2 of 1989 Act on the basis of which a spouse can seek for judicial separation from the other spouse. Under Section 3 the court can grant a decree if any of the grounds is successfully proven on the balance of probabilities.

For consent cases, the standard ground to seek judicial separation is Section 2(1)(f). According to the High Court, it is not necessary to identify how, when or for what reasons the marriage has collapsed. The Supreme Court further upheld this view by saying that it is not necessary for the applicant to prove who was responsible for the break up. The court does not think it is important to find out who is at fault. The grounds of judicial separation are as follows:

(a) if the respondent has committed adultery
(b) if the respondent has behaved in a way that the applicant cannot expect to stay with him or her any more
(c) if the respondent has left the applicant for a continuous period of minimum one year from the date of application and the respondent agrees to the decree being granted
(d) if the spouse have lived apart from each other for a period of one year preceding the date of application and respondent consents to the decree
(e) if the spouse have lived apart from each other for three years immediately from the date of application
(f) if the court is satisfied on the basis all circumstances that normal marital relationship has not existed between the spouses for a period of at least one year before the date of application
Documents Required For Judicial Separation

An application form is required to apply for judicial separation which should contain detailed information of the spouse, their date of marriage, duration of separation as well information about their child or children. It is also necessary to provide a confirmed statement with specifications of debts, salaries, liabilities, assets and outgoings. Another statement should be provided related to the welfare of the children, their health, schooling, guardian, childcare agreement and access. It is also necessary to provide a certificate issued by a solicitor where it should be mentioned that client is aware of other alternatives of judicial separation.

A schedule for court hearing is provided after the submission of all required documents. It is advisable to choose an experienced solicitor to gain proper knowledge before making the final decision.