The recent divorce referendum brings with it a positive change in the reduction of the time to two years living apart in order to obtain a Divorce with the removal of Article 41.3.2 from the Constitution.
“At the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years”.
The power to legislate for this change now rests with the Dáil but it is expected to be passed in the Autumn. So how does it affect parties dealing with the problem of a marital breakdown and what remains the same?
Criteria that has not changed to obtain a Divorce:
The Court can only grant a Decree of Divorce where it is satisfied that:
How does this affect the parties dealing with the problem of marital breakdown?
If you are engaged in matrimonial litigation at present: