Regardless of why a marriage ends, there is always emotional fallout. This tends to be greater, and there is more animosity, when one party believes (rightly or wrongly) that their spouse has been unfaithful to them.
When a marriage ends due to adultery whether proven or not, the “wronged” party usually feels like they should be entitled to a more favourable financial settlement than the adulterer.
No-Fault Divorce
In Ireland we have what is commonly referred to as “no-fault divorce”. The conduct of the parties is irrelevant as a ground for seeking the decree of divorce.
This means that the conduct of the parties is almost always irrelevant from the court’s point of view.
Conduct can be taken into consideration if it would be “unjust to disregard it.” In reality though, it is a very high bar to reach and conduct is rarely referred to by the court.
The court doesn’t look to apportion blame or penalise either party, save in very unusual circumstances. The court is more concerned that proper provision is made for each party and any dependent children.
Grounds for Divorce
To be eligible for a divorce in Ireland, the parties must:
- Have been living apart for at least 2 out of the previous 3 years before the application is made; and
- At least one of the spouses must be domiciled in Ireland when the application is made or at least one of them must have lived here for at least 1 year before the application is made; and
- There must be no reasonable prospect of reconciliation; and
- Proper arrangements have been or will be made for each spouse and any dependent members of the family.
Conclusion
A divorce settlement is not based on the conduct of either party, so whatever the reason for the marriage breaking down, it is best to focus on the future. The settlement can affect you for years, so it is important to get it right.
At Liston Family Law we specialise in Family Law and we have a depth of experience in Divorce and Separations. It is imperative that you get the right advice and get your divorce / separation right first time. You will be living with that decision for years. Please contact us to to arrange a consultation to ensure that your financial settlements are agreed with your best interest’s at heart.