Divorce - The Rules Have Changed

The Family Law Act 2019 commenced on 1 December 2019.

The Act amends the Family Law (Divorce) Act 1996 to change the number of years the couple must be living apart from one another from 4 years to 2 years before the application for a divorce can be made. It provides that

• you must have lived separate lives for two years or a period or periods of at least two years during the previous three years before the application is made;
• a new definition of the term ‘living apart’ to give certainty to the interpretation of the term in the Irish courts. It clarifies that spouses who live in the same home as one another are considered to be living apart if the spouses are not living together as a couple in an intimate and committed relationship. The Act also sets out that a relationship does not cease to be an intimate relationship merely because the relationship is no longer sexual in nature.

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