The pandemic this year has not been easy on anything, relationships being one of its early victims during quarantines. Last summer, the figures hit a 34% rise with couples seeking a divorce to put an end to the pre-existing vulnerabilities. So, you can understand the extent to which the pandemic has had a toll on relationships and the questions that flooded law firms in Ireland. If you are one of them, planning to end your marital relationship by opting for a divorce, you are in the right column today. The blog shall discuss a few common queries that cross every couple’s mind while seeking a divorce. So, without further ado, let’s go ahead and explore them.
Where to Start?
Divorce is the last resort to end a broken relationship. And so, family law solicitors always encourage reconciliation. Involve a marriage or a personal counsellor to give shape to the process. However, if you feel it’s not a realistic option, speak to your spouse and check if you both can agree on terms of separation. Also, ensure whatever decision you both arrive at is in the best interest of the child, if any. But if you feel there’s no chance of an agreement, speak to solicitors in Cork to bring the process to an end as promptly and cost-effectively as they can.
What if Someone Separates but does Nothing?
Remember, simply parting ways in the name of separation shall never regularise the matter nor save you from experiencing unacceptable outcomes. Rather, the law will expect you to continue as a co-owner of family assets and support your spouse financially. Also, you may have to contribute for purposes like inheritance, pension and maintenance. Simply put, it’s like living with your partner, not under the same roof but apart. So, it’s advisable to come at an agreement and avoid disputes in future.
What are the Available Options in Case of a Marriage Breakdown?
Divorce, as stated earlier, is not the only way to break up. There are plenty of options at one’s disposal in Ireland. Let’s look at them to widen your choices.
- Deed of Separation
It’s a mutual agreement signed by both the parties who are not interested in approaching the court for ending their marital relationship.
- Judicial Separation
It’s an agreement between parties to stay apart for the rest of their lives without remarrying. Since it requires them to live separately only for a year, the process is prompt and often opted for in Ireland.
- Decree of Divorce
Availing this option is straight-forward if you have lived apart for at least 2 years and wish to remarry soon after. However, the Irish court often takes decisions in favour of one of the spouses with the other paying for the maintenance and child care. Transference of pension to support the livelihood of the weaker of the two is another decision often upheld by courts.
- Separation Agreement
An agreement with no hard and fast rule to staying apart for a specified time frame. This is available within a week of separation or anytime afterwards.
- Nullity
If the parties can provide evidence that there was never a marriage in the first place and legal formalities were never compiled, then nullity shall apply.
Conditions to Apply for a Divorce
Solicitors in Cork lays out the following conditions to all their clients seeking divorce:
- The couples have lived apart for at least 2 years after staying together for 3 years.
- An assurance that there’s no chance of reuniting in future.
- Family members shall receive provisions.
- One of the partners must be ordinarily a resident of Ireland for at least a year.
Is Fast Track Divorce Feasible?
Sometimes the bitterness of a relationship goes to such an extent that staying together for even a day seems impossible. This is where a fast track divorce best fits the scenario. Not only does it save time but also cost and integrity of the family. Also, it relieves one of the stress by formalising the separation through a divorce decree.
Postscript:
Taking decisions in the right frame of mind is challenging for someone undergoing a breakup. This is why family law solicitors are indispensable. Not only do they guide clients with their vast knowledge and insights but also prepare them for the practicalities of a breakup. If you are seeking a professional in this domain, Breen Walsh Solicitors might just be the right legal team to approach in Ireland.
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