What are the grounds for divorce in Ireland?

What the Law Says

The Family Law (Divorce) Act 1996 sets out the strict legal conditions that must all be met before an Irish court can grant a divorce.

To get a divorce in Ireland, you must satisfy three main conditions at the time the application is made. First, you and your spouse must have lived apart for at least four out of the five years immediately before the application. Second, there must be no reasonable prospect of reconciliation — meaning the marriage has broken down permanently. Third, the court must be satisfied that 'proper provision' has been made, or will be made, for both spouses and any dependent children.

These requirements are mandatory — failing to meet even one means the court cannot grant a divorce. The law does not require fault (e.g., adultery or cruelty); it focuses solely on factual separation and practical arrangements.

Statutory Text

No court shall grant a decree of divorce unless it is satisfied that— (a) the spouses have lived apart from one another for a period of, or for periods amounting to, at least four years during the five years immediately preceding the date of the institution of the proceedings, (b) there is no reasonable prospect of reconciliation between the spouses, and (c) such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any dependent members of the family.

— Family Law (Divorce) Act 1996, s. 5 — Grounds for divorce

What to Do

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