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21st January 2025
05:24pm GMT
Divorce has always been a controversial topic in Ireland and while couples have been allowed to divorce since 1995, they initially had to live apart for four years before applying.
This rule was put in place to reassure people that divorce wouldn’t be taken lightly after a razor-thin majority voted for it.
Fast forward to today, and the rules have loosened slightly since a 2019 change cut the required separation time down to two years.
But some argue it should go further, with family law solicitor Keith Walsh telling Newstalk listeners that the wait should be reduced to just one year.
If couples can’t wait two years, they often go through a lengthy and expensive process of legal separation first - essentially doubling the work and cost.
Reducing the wait to one year would simplify things, Walsh says, saving couples and taxpayers money.
As well as this, Walsh says running duplicate systems for legal separation and divorce clogs up the courts, so simplifying the process would free up judges to tackle other cases.
Despite the costs tied to divorce, marriage still offers legal benefits. For example, married fathers have more rights than unmarried ones, and spouses are entitled to better financial protections.
While there’s some legal protection for couples living together under the 2010 Cohabitants Act, it’s not as comprehensive as marriage.
In 2023, around 23,000 people tied the knot in Ireland. For those who choose to split, simplifying divorce could ease the process while saving time and money.
