Judicial Separation Solicitors In Dublin, Ireland
Experienced judicial separation solicitors in Dublin providing clear legal guidance, compassionate support and expert representation.
A judicial separation is a court order that formally recognises that a married couple is no longer living together. It serves as an alternative to divorce and allows the court to make binding decisions on important matters such as:
- Division of property, assets and finances
- Custody, access and guardianship of children
- Maintenance and financial support for a spouse or children
- Pension adjustment orders
- Succession and inheritance rights
While a judicial separation does not legally dissolve a marriage, it does remove the obligation for spouses to live together and offers important legal clarity and protection for both parties. This option is often chosen by couples who cannot, or prefer not to, apply for divorce but still wish to establish formal arrangements concerning their finances, property and children.
Our experienced judicial separation solicitors Dublin can guide you through the judicial separation process, ensuring that your rights and interests are protected and that any financial or childcare arrangements are fair, clear and legally sound.
Grounds For Judicial Separation
Under Irish family law, you may apply for a judicial separation on one or more of the following grounds:
Adultery - one spouse has committed adultery.
Unreasonable behaviour - one spouse has behaved in such a way that the other cannot reasonably be expected to live with them.
Desertion - one spouse has deserted the other for at least one continuous year.
Living apart with consent - the couple has lived apart for at least one year and both consent to the separation.
Living apart without consent - the couple has lived apart for at least two years.
No normal marital relationship - the court is satisfied that a normal marital relationship has not existed between the parties for at least one year before the application.
Our
family law solicitors can assess which grounds apply to your circumstances and guide you through the legal process, with minimal stress.
The Judicial Separation Process
The process of judicial separation begins with filing an application. This application sets out the grounds for separation and requests court orders relating to property, maintenance, custody and other key matters.
At Carvill Rickard, our judicial solicitors will guide and support you through every stage of the process, including:
- Conducting an initial consultation to understand your circumstances and objectives
- Preparing and filing the necessary legal documentation with the appropriate court
- Negotiating settlements to avoid unnecessary litigation wherever possible
- Providing skilled representation in court proceedings, if required
- Finalising agreements and ensuring all court orders are properly implemented
Whenever possible, our judicial solicitors encourage amicable resolutions through mediation and negotiation, helping to minimise emotional stress and legal costs. However, when court proceedings become necessary, our team provides strategic advice to protect your rights and best interests.
Judicial Separation vs Divorce
The key difference between judicial separation and divorce is that divorce legally dissolves a marriage, whereas judicial separation does not. After a judicial separation, neither spouse is free to remarry.
Both, however, address similar issues including property division, maintenance and child custody. For many couples, judicial separation serves as an important interim step before divorce, particularly when the legal time requirement for divorce (living apart for 2 of the previous 3 years) has not yet been met.
It also provides immediate legal protection and certainty for couples who need clarity and structure regarding their financial and family arrangements.
Contact Our Judicial Separation Solicitors In Dublin
If you are considering a judicial separation, seeking early legal advice is essential. Our
family law solicitors can explain your rights, outline your options and guide you through each step of the process to ensure a fair and secure outcome.
