IrelandI've been separated 5 years. Can I get a divorce?
Yes, you can apply for divorce in Ireland after being separated for at least 4 years out of the previous 5 — so after 5 years of separation, you likely meet the time requirement.
What the Law Says
The Family Law (Divorce) Act 1996 sets the legal conditions you must meet to get a divorce in Ireland. One key condition is how long you and your spouse have lived apart.
To apply for divorce in Ireland, you must satisfy several conditions under the Family Law (Divorce) Act 1996. One of the most important is the 'living apart' requirement.
You must have been living apart from your spouse for at least four years during the five years immediately before you apply for divorce. It does not need to be the most recent four years — just four years within that five-year window.
The law also requires that there is no reasonable prospect of reconciliation, that proper provision has been made (or will be made) for each spouse and any dependent children, and that the court considers the welfare of any dependent children.
Statutory TextNo application for a decree of divorce shall be entertained by a court 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;
— Family Law (Divorce) Act 1996, s. 5 — Grounds for granting decree of divorce
What to Do
Confirm you have been living apart from your spouse for at least 4 years within the last 5 years.
Ensure there is no reasonable chance of reconciliation.
Make or plan proper financial provision for yourself, your spouse, and any dependent children.
Consult a solicitor to prepare and file your divorce application in the Circuit Court or High Court.
Attend court hearings and provide evidence of separation (e.g., affidavits, rental agreements, witness statements).
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.