A look at the process a couple must take before a court can grant them a divorce in Ireland.
As divorce becomes legal in Ireland it is estimated that about 60,000 people will be eligible to apply for one if they have fulfilled all legal requirements. These include having lived apart for the last 4 of the last 5 years, that the couple have no prospect of reconciling, and that provision has been made for both spouse and any dependent children.
There is a six month waiting list for the Department of Equality and Law Reform’s free Family Mediation Service. Mediation can provide assistance prior to making an application to the courts, says Mary Lloyd, as a mediation agreement is the first step for two people who wish to divorce.
They would take that mediated agreement to their respective solicitors, and instruct them to draw that up into a legal agreement.
A court appearance before a circuit or high court judge will always be necessary to get a divorce, and according to solicitor Niall Courtenay the welfare of children is the primary consideration of a judge,
The children come first.
Niall Courtenay estimates that it is feasible to keep costs as low as possible, especially in cases where a divorce is not contested. Frank Goodman of the Legal Aid Board says that many people who are working will still qualify for Legal Aid, as it is judged on net income. At present there are nine hundred people on the Legal Aid Board waiting list.
Most divorces will be granted in the Circuit Family Courts, although some will go to the High Court.
An RTÉ News report broadcast on 25 February 1997. The reporter is Mary Wilson.
