Judicial Separation

We understand that going through a judicial separation can be stressful and emotional.

We are aware that the legal process can often seem complicated during a difficult time so we are here at to take you through the process in an understanding and proactive manner. Our aim is to provide you with clear, practical and cost effective advice.

When a couple cannot agree the terms by which they will live separately, either party can apply to the court for a decree of judicial separation. A decree of judicial separation removes the obligation on spouses to live together.

Many separating couples obtain a separation by agreement or apply to the court for a decree of judicial separation to regulate matters between them before they apply for a divorce. However, a divorce cannot be applied for until they have been living separate and apart for four out of the previous 5 years.

To establish whether you are eligible for a judicial separation, in brief the grounds are:-

1. One spouse has committed adultery.
2. One spouse has behaved in such a manner that the other cannot reasonably be expected to live with them.
3. There has been desertion by the respondent for a continuous period of at least one year immediately preceding the application.
4. The spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application.
5. The marriage has broken down to the extent that the court is satisfied that in all circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.

If you are eligible to proceed by way of a judicial separation, the court will require the following:

• Family Civil Bill
• Affidavit of Means which outlines your financial position
• Affidavit of Welfare which outlines the arrangements in respect of the children.
• A document certifying that you have been advised of the alternatives to a separation. This document is sworn by a solicitor and it certifies that you have discussed the options of reconciliation, mediation and separation.

For a confidential chat please feel free to call our specialist family solicitor on 01 833 3097

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