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Following a marriage breakdown, the parties can legally formalise the break-up in any one of 3 ways, by Separation Agreement, Judicial Separation or Divorce.

A Separation Agreement is a legally binding contract and involves agreement between the parties on the numerous issues including the occupation and/or ownership of the family home and any other property, custody and access to children, maintenance and/or lump sum payments and succession rights.

Judicial Separation and Divorce procedures are more complex in that they involve an application to the Court. Such applications are usually necessary where parties cannot reach agreement between themselves or in a case where either of the parties wishes to re-marry. In the latter case, an application for a Divorce is required. The following conditions must be met before a Court will grant a Decree of Divorce in Ireland:

On the granting of the Decree of Divorce, the court may also make orders in relation to custody of children and access to them, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights etc.

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