Judicial Separation

To obtain a Judicial Separation or a Legal Separation as it is commonly referred to, either spouse must be domiciled in Ireland on the date of the Application to commence the proceedings or either spouse must be ordinary resident in the State for one year before that date.

An Applicant may seek a Decree of Judicial Separation on one or more of six grounds, providing that the grounds have been proved on the balance of probabilities and that proper provision has been made for the dependent children of the family.

Grounds:

1. That the Respondent (person from whom the separation is being sought) has committed adultery.
2. That the Respondent has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent.
3. That the Respondent has deserted the Applicant for at least one year immediately prior to the Application.
4. That the spouses have lived apart for a period of one year immediately prior to the application, and the Respondent consents to the Separation.
5. That the spouses have lived apart for a continuous period of three years immediately prior to the Application.
6. That the marriage has broken down to the extent that the Court is satisfied that no normal marital relationship has existed between the spouses for a period of at least one year, immediately prior to the date of Application.
7. It is important to be aware that a Judicial separation does not give a spouse the right to remarry.