To qualify for a divorce in Ireland you must satisfy these requirements:
- Either you or your spouse/partner must be domiciled (living permanently) in Ireland or have been living in Ireland for the past 1 year before the court application is made.
- Been living apart for 2 of the previous 3 years. Before the 1st of December 2019 this was 4 out of the previous 5 years. Now the time is much shorter and you may be still living in the same house but not in a committed relationship so it is always important to take advice on this.
- There must be no reasonable prospect of reconciliation.
A decree of divorce is a court order saying the marriage is dissolved (officially over) and means that you are free to remarry.
The court will also usually make orders (decisions) about:
- Custody of children and access to them.
- Maintenance payment for children and spouses.
- Ownership of the family home and payment of the mortgage.
- Any other matters.
