Matters considered by a court in a separation/divorce/dissolution
- Introduction
- What are ancillary orders?
- How are ancilliary orders made?
- Factors considered by the court when making an ancillary order
- After an ancillary order is made
- Further information
Introduction
In Ireland, you can legally end a valid marriage in three ways – a separation agreement, judicial separation and divorce. You can also legally end a civil partnership using a process called dissolution.
To be granted a judicial separation, divorce or dissolution, you must apply to the courts.
Depending on your situation, the court can make 'ancillary orders' impacting different aspects of your life. Ancillary orders are court orders made during divorce or judicial separation proceedings to fairly divide assets, financial responsibilities, and other important matters. For example, these orders can relate to the custody of your children and ownership of the family home. The court will look at a range of factors when considering your application, such as your income and standard of living.
This page outlines the most common ancillary orders in cases of separation, divorce and dissolution. It also looks at the main factors considered by the court when making these orders.
What are ancillary orders?
An ancillary order (sometimes called an ancillary relief) is an order made by the court to make sure that spouses and dependants (such as children) are properly provided for following the breakdown of the marriage.
The family law courts can make a range of ancillary orders when granting a judicial separation, divorce or dissolution.
Most ancillary court orders relate to:
- Custody of children and access to children
- Maintenance payments and lump sum payments
- Ownership of the family home or shared home
- Occupation of the family home or shared home
- Ownership of property and assets, such as shares
- Pension rights
- Succession rights
How are ancilliary orders made?
If you can agree on how to divide assets, property, and financial responsibilities, the court can make orders based on your agreement, provided it is fair and in the best interests of both of you and any children.
If you cannot reach an agreement, the court will intervene and make the necessary ancillary orders based on your circumstances, applying legal principles such as fairness, need, and contribution.
Separation agreements are usually negotiated through your solicitor and your spouse’s solicitor, and do not need to go through the courts.
Factors considered by the court when making an ancillary order
The court will consider all of your circumstances, and your family’s circumstances, before making an ancillary order. These can include:
| Accommodation | The accommodation needs of each of you. For example, if you and your spouse have somewhere to stay, or if either of you can afford to move. |
| Finances |
The current and likely future income of each of you, including your ability to earn and any assets you have The current and future financial needs and obligations of each spouse The input each of you has made, and is likely to make, to the welfare of the family (this includes any contribution made that increased the income and financial resources of the other person) How much the marriage or civil partnership affected each person's ability to earn The value of any benefits given up by either spouse because of the judicial separation, divorce or dissolution |
| Lifestyle and impact on other family members |
The standard of living of the family before the break-up of the relationship. While the court will take this into account, it will also accept that, in many cases, separation will result in a drop in the standard of living The age of each of you, the duration of the marriage or civil partnership, and how long you lived together Your health The rights of any other person affected by the end of the relationship (for example, children) |
| Children |
The accommodation needs of any children The financial needs of your children The educational needs of your children The physical and mental health needs of your children |
| Conduct | The conduct (behaviour) of each spouse if it significantly affects the family’s finances or well-being |
After an ancillary order is made
Ancillary orders do not have to last forever. If your circumstances change over time, or if your spouse’s circumstances change, you can ask the court to:
- Vary the order (change the terms of the order, for example, how much maintenance must be paid)
- Discharge the order (stop or end the order completely)
- Suspend the order (temporarily pause the order)
Further information
You can read more about:
If you want to legally end your civil partnership, read about applying for a decree of dissolution.
You may also want to read about:
- Family mediation for separating couples
- Separation and divorce: children
- Maintenance orders and agreements
- How pensions are assessed during a separation, divorce or dissolution
- Succession rights following a separation/divorce/dissolution
Or, you can visit the Courts Service website for more information on divorce and judicial separation.