Family Law – Divorce
An Order for a Decree of Divorce allows both parties to a marriage to remarry. If a court is satisfied that the required prerequisites are met, it will grant a Decree of Divorce dissolving the marriage. When making the Decree of Divorce, the court may also make orders in relation to custody and access to children, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights and other matters.
Couples must have been living separate and apart from one another for a period of four years before an application for a Divorce can be made and many opt to obtain a Separation Agreement or a Decree of Judicial Separation in order to regulate matters between them prior to obtaining a Divorce.
When granting a decree of Divorce, a court will pay close attention to any previous arrangements made by the parties, such as a Separation Agreement, particularly if the circumstances of either party have not changed significantly in the meantime.
When a Decree of Divorce is granted, it cannot be reversed. Either party can apply to court to have any orders made under the decree such as maintenance reviewed by the Court, particularly where there has been a significant change in the circumstances of one or other of the parties.
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