Irish Society
Ireland, the Emerald Isle, is located in northwestern Europe with Dublin as its capital. In 1973, Ireland was formally admitted to the European Community (EC) and is, at present, a fully fledged member of the European Union (EU). Since the beginning of the twentieth century, society in Ireland has been in a constant state of flux.
Starting from 1960, Ireland has witnessed an exceptional economic growth and many ground breaking social changes. Traditionally being an agrarian set up, the nation is increasingly getting urbanized with growth picking up in manufacturing industry and services sector. 85 percent of the population is Roman Catholic, though the constitution provides for freedom of worship. In the last few decades, church attendance has shown a decline amongst the young people. The interference of the Roman Catholic Church in social and family values is increasingly being questioned with voices being raised in support of separation of the church from the state.
In 1972, Irish voters strongly supported a constitutional amendment, abolishing the interference of the Roman Catholic Church in the state. Yet, Ireland still continues to be a more or less patriarchal society with women playing a secondary role in business and politics. Ireland has some of the toughest abortion laws in Europe. It also has one of the lowest divorce rates in the developed world, which stands at roughly 0.7 per 1,000 people. The marriage rate is comparatively high being 5.1 per 1,000 persons. It has shown a continuous increase since 1997 and by 2003 it shot up by 30 percent. At the same time, the proportion of single parent families increased from 7.2 percent in 1981 to 16.7 percent in 2002. The number of cohabiting couples also increased from 12,700 in 1996 to 77,600 in 2002. In 1995, the Irish population strongly approved a referendum to legalize divorce in Ireland, which was banned since 1925.
Divorce Procedure
So far as the grounds for divorce are concerned, Ireland has chosen to be a no-fault state. The court may award a decree of divorce, once it is satisfied that: (1) the two spouses have lived separate and apart for a total of four years, out of the preceding five years, when the divorce process was initiated, (2) there exists no possibility of reconciliation between the two spouses and (3) ample provision has been made for the spouses and the children. The person who initiates the divorce process is called the applicant while the spouse on whom the divorce papers are served is called the respondent. Before the court hearings begin, it is mandatory for the applicant’s lawyer to discuss with him/her about all the possible mechanisms of reconciliation like counseling, mediation and separation agreement. The respondent’s solicitor is also expected to do the same with his/her client. If at any time, the two parties decide in favor of reconciliation, the court has the right to adjourn the divorce proceedings. Before the divorce is granted, the court may make preliminary orders regarding protection, spousal support, child custody and child support.
Instead of division of property, the Irish Civil Law goes for property adjustment under which the court has the right to allocate any of the property belonging to either of the spouses to a deserving spouse or a dependant child, as deemed just and fair by it. The court may order a spouse to pay maintenance to the other spouse, either in the lump sum or in installments. In addition, the court may grant financial compensation to a spouse, if the need be. While taking these decisions, the court takes into consideration various factors such as the earning capacity of the dependant spouse, his/her age, duration of marriage, contribution to marriage, accommodation needs, physical and mental abilities, life style enjoyed during marriage, etc.
The child custody is decided in accordance with the beat interests of the child. The court may grant a sole custody or a joint custody. In exceptional cases, the custody may be granted to a third person or some institution. In addition to the provisions made during the property adjustment, the court may order either or both the parents to pay for child support. While doing so, due consideration is given to the needs of the child.
Recent Developments in EU
As one in five European divorces is between people from different EU nations, it is being argued that a single, Europe-wide divorce procedure would help. Though the contemporary, global world is increasingly opting for uniformity in values and ethics, still there exist wide differences in perceptions and expectations in interpersonal relationships, which are further enhanced by religious and cultural variations. Hence a uniform civil code may fail to meet the aspirations of all the segments of a global community, at least for the time being.
Article: Divorce Process in Ireland
Created on: 2007-09-12 12:53:18
