Marital Breakdown and the Family Home | BusinessAndLegal.ie

When a marriage breaks down in Ireland and divorce or judicial separation proceedings are instituted the family home will loom large in considerations as for many couples it is the principal or only asset that they have.

(This is part of the family law series of articles)

The recent fall in property values has caused chaos in this regard though as many people see that there is nothing to divide up after paying off the bank.

 

Property adjustment orders

Courts can make property adjustment orders in separation or divorce proceedings; in fact they can also make preliminary orders in respect of the family home which are orders which predate the hearing of the legal proceedings.

 

Courts have the power to make the following orders:

I.     The property to be transferred from one spouse to another or to another person

II.     The reduction or extinguishment of any interest that a spouse has in the property

III.     The settlement of the property to either spouse

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Divorce Law In Ireland | BusinessAndLegal.ie

Grounds for divorce

The grounds for divorce under the Family Law (Divorce) Act 1996 are threefold:

I.        When divorce proceedings commence, the parties must have lived apart for at least 4 of the previous 5 years

II.        There is no reasonable prospect of reconciliation

III.        The Court must make proper provision for the spouses and any dependent members of the family.

(This is part of the family law series)

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