Legal Framework
- Constitution of Ireland (Article 41.3.2)
- Family Law (Divorce) Act 1996
- Family Law Act 1995
- Judicial Separation and Family Law Reform Act 1989
Competent Authority
- Courts only (no non-judicial authorities)
- Circuit Court (majority of cases)
- High Court (minority of high-value cases)
Access Requirements
- Spouses must have lived apart for at least 2 of the previous 3 years
- No reasonable prospect of reconciliation between spouses
- No pre-nuptial agreements are enforceable
Procedure
- Hearings held in private (in camera)
- Court must be satisfied about “proper provision” for spouse and children
- Court has wide-ranging redistributive powers including:
- Property adjustment orders
- Pension adjustment orders
- Lump sum orders
- Periodical payment orders
- Orders for exclusive use of home