How are matrimonial assets divided on divorce?

What the Law Says

The division of matrimonial assets on divorce in Ireland is governed by statute, not by automatic rules or fixed percentages. The court has broad discretion to make financial orders that it considers just and equitable.

Under the Family Law (Divorce) Act 1996, the court may make various financial orders when granting a decree of divorce — including orders for property adjustment, lump sum payments, and pension adjustments.

The law does not require an equal split. Instead, the court must consider all the circumstances of the case, with particular attention to the welfare of any dependent children, the income and earning capacity of each spouse, their financial needs and obligations, and the standard of living enjoyed during the marriage.

Importantly, the court may take into account both financial and non-financial contributions — such as homemaking and childcare — made by either spouse to the welfare of the family.

Statutory Text

On granting a decree of divorce the court may, having regard to the circumstances of the case and subject to the provisions of this Part, make such order or orders as it thinks proper for the provision of financial relief in favour of either party to the marriage or any child of the family.

— Family Law (Divorce) Act 1996, s. 20 — Provision of financial relief

What to Do

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