An Overview of the Judicial Separation Procedure in the Republic Of Ireland

• either spouse can apply for a Decree of Judicial Separation - the person applying is the Applicant
• the other spouse is the Respondent
• you must prove that one of the grounds for granting the decree applies
• the venue can be in any county where any party ordinarily resides or carries on any profession, business or occupation
• the Court shall be the Circuit Court unless the market value of any related land exceeds €3 and any party request the High Court

Court Must Be Satisfied

• you must prove that one of the following grounds exist

1. that the respondent has committed adultery;
2. that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent
3. that there has been desertion by the respondent of the applicant for a continuous period of at least one year immediately preceding the date of the application;
4. that the spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application and the respondent consents to a decree being granted;
5. that the spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application;
6. that the marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application

• Such provision as the court considers proper having regard to the circumstances exists or will be made for the spouse and any dependent members of the family.

Service Of Documents On Respondent 

• Family Law Civil Bill - setting out the grounds for the application (3 copies) 
• Notice of Issue of Proceedings - non citizen living outside State                                  
• Affidavit of Means - where relief is sought, details of income etc. (2 copies)
• Affidavit of Welfare - where there are dependant children (3 copies)
• Affidavit of Service - proof of the serving of documents on Spouse, Court Office, Pension Trustees etc.
• Notice of Motion - notice to seek judgement on Consent or No Appearance or No Defence
• Service of Motion - proof of the serving of the Notice of Motion

Respondent Living Outside The E.C.

• Ex Parte Document - separate application to the Court to serve the Family Law Civil Bill outside the E.C. to a known address
• Grounding Affidavits - supporting Civil Bill and Ex Parte Notice of Motion

If difficulties arise with service out of the country then the Applicant will have to apply to the County Registrar for an order for direction as to service of the Family Law Civil Bill.

Appearance Of Respondent 

• within ten days of receiving the Family Law Civil Bill – enter an "Appearance" in the Circuit Court
• no Appearance 14 Day Warning Notice and suitable Affidavit
• Appearance entered further ten days to file a "Defence" – by way of Affidavit
• Certificates of No Appearance/No Defence
• Notice of Motion No Appearance/No Defence
• Affidavits of Service Notice of Motion

Ancillary Relief/Financial Orders

In any case where financial relief is sought the parties shall file Affidavit of Means setting out details of the party’s income, assets, debts, expenditure and other liabilities.

Preliminary Maintenance Order - an order for maintenance pending suit (in other words a preliminary order) requiring your spouse to pay a periodical payment or lump sum payment for your support and or any dependent member of the family from the date of your application to the court until the date the court considers and/or determines the application.

Periodical Payment Order - a periodical payment, a secured periodical payment and/or a lump sum payment for the benefit of either spouse and/or dependent children.

Property Adjustment Order - for the transfer, settlement, variation or extinguishment of interest of any property in the ownership of either party.

Life Assurance/Financial Compensation – provision or compensation for the loss of the opportunity or possibility of acquiring a benefit under a life assurance policy, financial compensation in addition to or in substitution for a periodical payment order, a property adjustment order, an order in relation to the family home and/or a pension adjustment order.

Family Home - an order for the right to occupy, the sale of or determination of possession of the family home, its protection and other orders.

Pension Adjustment Order – in relation to a retirement benefit or a contingent benefit. 

Guardianship of Infants/Protection of the Family Home under the Divorce Act