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Marriage Problems In Ireland: Options For A Single Life Again

Author : Samantha Frost


When married couples separate in Ireland, they make everything legal by going to the court and applying for one of the four options. This can be a separation agreement, judicial separation, divorce or nullity of the marriage. A separation agreement is agreement between the couple that they will live apart. A judicial separation is a separation agreed by the court but does not entitle either party to remarry. Divorce is also granted by the court and it dissolves the marriage and allows both parties to marry again. The court can also nullify a marriage, meaning it never existed, depending on the circumstances.

When a married couple decides to live separately, they can formally enter into a separation agreement where terms are enumerated and agreed by both parties.

Judicial separation is a verdict given by the court to legalise a couple's separation. Before the court grants this, they must be happy that there is enough reason for the application, the couple knows about counselling and mediation, and the rightful requirements for the welfare of the dependents, such as the children, have been given. The court will then rule on specific matters that include custody, child access, child maintenance, and transfer of property. The application for this is made in the Circuit Court or Higher Court and the hearings are done behind closed doors.

The court will grant a decree of divorce to married couples as long as the requisite conditions are met. The couple must be living separate lives for at least four years prior to the application. There are also certain forms that the applicant must fill in. When these are submitted and the court finds the reasons acceptable, they will then approve the divorce. Just like the judicial separation, the court will make orders relating to custody, child access, maintenance, and transfer of property, among other things. Both parties can then enter into another marriage or a civil partnership. Divorce is not reversible.

When the court approves an annulment, this means the marriage is null and void. This means no marriage ever existed between the couple. There are two types of marriages according to the nullity law. These are the void marriages and the voidable marriages. The void marriage is a marriage that is considered that never actually happened. The voidable marriage is when a marriage did take place and one of the parties wants to get it annulled. When the court agrees the marriage is voidable, it can then declare its nullity.

In these cases, it is recommended if both parties to each have their own Solicitor to represent them in the hearings. Experience of the law is vital here because the separation of spouses is a complicated legal matter. With a Solicitor, the parties would end up getting what they both deserve. The issue of separation is not only an moving and a personal matter but it is also a lawful matter of the Government of Ireland.


Author's Resource Box

Blackwell O Reilly Solicitors Clonmel understand that marriage breakdown can be a very painful and disturbing time. They can explain what the options are and guide you through the process by providing a confidential legal service that is tailed to your needs.

Article Source:
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Tags:   marriage breakdown, marriage breakdown in ireland, divorce, separation agreement, judicial separation, annulment

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Submitted : 2011-05-17    Word Count : 570    Times Viewed: 298