What is a decree of judicial separation?
When making judicial separation orders, a judge must ensure that proper provision is made for you, your spouse or partner, and any dependent children. The judge will consider any agreements you reach and any existing court orders.
Judicial separation can affect many aspects of your life and may be complex. You may wish to get legal advice to understand what’s involved.
Can I get a judicial separation?
You can apply for a judicial separation if:
- You live in Ireland
- Either you or your spouse must be permanently living in Ireland.
- You have lived in Ireland for at least one year before making the application.
- One or more of the following applies to your marriage:
- You or your spouse or partner has committed adultery.
- One of you has behaved in a way that it would be unreasonable to expect both of you to continue living together.
- You have lived apart for at least one year at the time of the application. Living apart can include couples who live in the same home but are not in an intimate and committed relationship. A relationship does not stop being intimate solely because it is no longer sexual.
- A normal marital relationship has not existed between you and your spouse for at least one year before the date of the application.
Understanding judicial separation
When making judicial separation orders, a judge must make sure that proper provision is made for you, your spouse, and any dependent children. This means the judge will consider all circumstances of the marriage and make fair decisions that meet everyone’s needs.
The main factors the judge will consider include:
- Each of your current and future finances.
- The standard of living enjoyed by the family before the break-up of the marriage.
- Each of your accommodation needs.
- Children of the marriage.
- The rights of any other person affected by the judicial separation.
The judge will also consider any agreements that you reach and any existing court orders.
Read more about how judicial separation is understood and decided by a judge
How to apply?
The court process when applying for judicial separation is similar to applying for a divorce. For more information and guidance, visit the divorce process page.
You will need to make sure that your court application for judicial separation is correct. You may also need to read the legislation and Circuit Court rules.
