The Recent Divorce Referendum – what do the changes mean?

The recent divorce referendum brings with it a positive change in the reduction of the time to two years living apart in order to obtain a Divorce with the removal of Article 41.3.2 from the Constitution.

“At the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years”.

The power to legislate for this change now rests with the Dáil but it is expected to be passed in the Autumn.  So how does it affect parties dealing with the problem of a marital breakdown and what remains the same?

Criteria that has not changed to obtain a Divorce:

The Court can only grant a Decree of Divorce where it is satisfied that:

1. There is no reasonable prospect of reconciliation, and
2. Proper provision exists between the parties and in respect of the children

How does this affect the parties dealing with the problem of marital breakdown?

1. Legal costs should be less, as parties will no longer be faced with the prospect of two sets of proceedings in most cases
2. It brings certainty to parties financial arrangements quicker
3. It lessens the opportunity for unnecessary revisiting of financial matters which have been an experience for many people

If you are engaged in matrimonial litigation at present:

1. You need to consult with your legal advisor as to the impact of this foregoing legislative change, and
2. For those who have deferred their Divorce application you need to review and bring forward where necessary the date upon which you apply to Court

For further information please contact Mary Hayes