The court must make sure that proper (financial) provision is made for both spouses and any dependent children of the marriage and it will have regard to the statutory factors which must be considered by the Court. It should be noted that the court can make a variety of ancillary financial relief orders.

To obtain a divorce, both parties have been living apart from each other for a period of two years out of the preceding three years. The Courts have interpreted this as meaning that the couple can live separately and apart under the same roof but the marriage must have been over for at least two years. Legislation in this respect was introduced in 2019 and had the effect of halving the length of time required for a separation. 

In divorce proceedings, the court can review any previous arrangements made by the parties such as a separation agreement or judicial separation particularly, if the circumstances of either party has changed.

Before a court can grant a divorce in Ireland under the 1996 Act, there are a number of requirements which must be met. Firstly, both parties must have been living apart from one another for a period of 4 out of the previous 5 years. This provision is in place arising from the referendum on divorce passed in 1995. Clients are shocked to discover this when seeking a divorce. Secondly, there must be no reasonable prospect of reconciliation between the couple and one spouse must have been resident in Ireland for the previous 12 months before bringing proceedings. In addition, the court must be satisfied that any children/dependents are properly provided for and that also includes the couple seeking the divorce.

When it grants the decree of divorce, the court may also make orders in relation to custody of children and access, the payment of maintenance and lump sums, the transfer of property, the cessation of succession rights and pension rights. In any application for a decree of divorce, the court can review any previous arrangements made by the parties such as a separation agreement or judicial separation particularly if the circumstances of either party has changed.

Once a decree of divorce is granted, it cannot be reversed. But it should be pointed out that following the divorce, either party can apply to court to have any other orders made under the decree – such as maintenance and sometimes even pension entitlements – reviewed by the court.