Dear Claudine,

My Wife and I are separated for over ten years. We are both in new relationships and our five children are now independent. Even though I left my home a long time ago, I have always paid maintenance to my wife and my five children. I no longer pay maintenance for my children, but I pay my wife €100.00 per week. The family home is still in our joint names and we would now like to legalise matters.

Please advise me.

Thanks,

Tom

Dear Tom,

Thank you very much for your letter. As you have been living apart from your wife for in excess of ten years and there is no reasonable prospect of reconciliation between you, you are eligible to apply for a Decree of Divorce under the Family Law (Divorce) Act 1996. There are three grounds which must be fulfilled before a Court will grant a Decree of Divorce:
(a) At the date of the institution of the proceedings, the spouses have lived separate and apart from one another for a minimum period of four years during the previous five years.
(b) There is no prospect of reconciliation between the spouses (c) The Court considers that proper provision has been made or will be made with regard to the individual financial circumstances of the spouses and/or any dependant family members. The four year period must have expired prior to Divorce Proceedings being issued and served on the Respondent Spouse. In advance of making any Order, the Court will require that both of you swear an Affidavit of Means setting out in detail all of your assets and liabilities including pension details, where appropriate. If both of you are in agreement in relation to the division of your assets and you wish to obtain a Decree of Divorce, you may sign Terms of Settlement, after having obtained Independent Legal Advice, which may then be ruled by the Court. The granting of a Decree of Divorce does not deprive a spouse of his or her right to claim a widow or widower’s pension, the one parent family payment or their right to continue to receive Deserted Wife’s Allowance or Benefits. As you and your wife have been living apart for an excess of ten years, there are no dependent children and you are both in new relationships, the courts consideration will be primarily focused on the division of the marital assets particularly, the family home. The court will require clarification as to your individual accommodation requirements.
I hope the above is helpful.

With every good wish,

Claudine