Sunday 19 November 2017

Revealed: Ireland's main cause for divorce as marriage splits reach boom year levels

  • Divorce is back to pre-recession levels

  • Family law disputes were postponed as a result of economic crash

  • Overwork, and not adultery, is the main cause for divorce

Family law disputes were postponed as a result of economic crash, says solicitor Keith Walsh
Family law disputes were postponed as a result of economic crash, says solicitor Keith Walsh
Shane Phelan

Shane Phelan

Divorce is back to pre-recession levels after several years when family law disputes were postponed as a result of the economic crash.

According to the Law Society, many couples whose marriages failed had opted not to formalise their split for economic reasons, such as negative equity, mortgage problems, unemployment and emigration.

"People simply couldn't afford to get divorced," said Keith Walsh, chairman of the society's family law committee.

Negative equity was a key factor, Mr Walsh said, as the slump in home values during the economic depression meant many splitting couples were unable to take the financial hit of selling their home as part of a divorce settlement.

Solicitor Keith Walsh in his office in Crumlin. Photo: Frank McGrath
Solicitor Keith Walsh in his office in Crumlin. Photo: Frank McGrath

But a rise in house prices is among the factors which has seen the numbers divorcing returning to 2008 levels over the past two years.

Furthermore, Mr Walsh said overwork, and not adultery, is the cause of most marriage splits in Ireland.

"People are not physically present at home or they don't engage," Mr Walsh said.

"It is not adultery. Adultery tends to happen when the marriage is over, when people have lost interest."

beeforsalmon

Marriage has been trivialised. So many have fallen for the wedding industry's dream day as seen on the big screen. Real marriage is built on cooperation, communication and committment.

Via Independent.ie

Nogreyarea

The main reason for marriage breakup is non compatibility. People fallin love with the quirky fun loving aspects of their partners . These take many guises , their ability to party all night and have fun , their ability to spend money on you and make you feel special , the way they interact with their friends and carry on in a singles fashion , long expensive lunches with the girls , racing weekends with the boys and the list goes on .

The problem arises when responsibility is required in the now adult relationship where money and children now take priority over fun and one or both of the partners fails to grow up and remains in the pre marriage state of mind .

In short marriage requires maturity and willingness to change to life situations , if this does not happen then it is doomed . Do not marry Peter Pan or a vain princess as they very rarely change.

Via Independent.ie

Humpty Dumpty

Marriage should be replaced by pre-nup style agreements, which deal with all the things that are currently dealt with by divorce.  At least then people would know what's in store for them on exit.

Marriage is an anachronism. It's origins lost in the mists of history. Co-habitation agreements should become the mandatory, then, each one would know exactly what they were signing up for.

Via Independent.ie

BeardyFunzo

Spend the rest of your life miserable. Drink lots. Eat more. Become overweight, unhealthy and depressed, Burden the rest of society with your self imposed misery.

Or escape and get divorced. Live a better life.

Via Independent.ie

Up2meass

Often wondered about that. I've been married for over forty years, not all of them easy but today we're described a a statistic, -a couple who managed to stay together.Technology has a major role in this new breakup mania I believe. Today, couples communicate via social media and mobile phones: The day of the family meal each evening has gone and each family member now eats out of cartons in their "personal space"or has food delivered at various times. Maybe it's time to reflect on this and put away the phones, turn off the computers and leave tweeting to The Donald. Put the cutlery and plates back on the table, cook a dinner and the whole family sit around the table and enjoy a good ol' chinwag!

Via Independent.ie

Analyst

It's about time the long hours at work was addressed. I have worked in an American multi-national environment and they really get their pound of flesh. You are expected to work all hours of the night and weekends for good measure. This is so draining that I can't imagine a spouse having energy for their marriage when they get home. It was worse during the recession as leaving early i.e. five o'clock, might make you look like a shirker. Yes be a dedicated and hard worker but this long hours thing is a social hazard.

Via Independent.ie

Ranxuu

Alcoholism is probably number one and overweightedness is a close second. Few want to jump in next to a sack of lard.

Via Independent.ie

Figures for divorce in the Circuit Court, where the vast majority of divorce proceedings are issued, show 4,214 cases were initiated in 2008. This slumped to a low point of 3,330 in 2011. But the figures have been back up around 2008 levels over the past two years, with 4,290 new sets of proceedings in 2015 and 4,162 last year.

Mr Walsh's comments came as the society published a code of conduct for family law solicitors, reflecting the increased complexity of new divorce cases. Key issues confronting solicitors include the internationalisation of family law arising from increased emigration and mobility of Irish citizens, and the constitutional amendment requiring that the views of children should be heard as far as practicable.

A rise in house prices is among the factors which has seen the numbers divorcing returning to 2008 levels over the past two years. Stock image
A rise in house prices is among the factors which has seen the numbers divorcing returning to 2008 levels over the past two years. Stock image

The new code of conduct states solicitors should avoid inflaming relationship disputes in any way as emotions are often intense.

It states solicitors should, in the first place, explore the possibility of reconciliation with their client and, where appropriate, give encouragement in this regard. It also states solicitors should make clients aware of mediation, which does not typically involve the assistance of solicitors.

Settled

The vast majority of family law cases are currently settled by solicitors and counsel, either through traditional means of negotiations, or negotiations while court proceedings are ongoing.

Mr Walsh said the crash caused "a huge amount of misery" for many couples whose marriage had effectively ended as they were unable to move on with their lives for financial reasons.

"People have been living together in the same house, possibly even in two separate beds in the same bedroom, because they're in a three-bed semi-D and there's two or three kids and they can't move into the kids' room," he said. In other cases, the husband or wife would sleep in the attic.

"This was widespread for a few years. It has only tailed off in the last two or three years," he said.

Couples can only divorce in Ireland if they have lived separate and apart for four out of the previous five years.

Despite the fact many couples have been forced by circumstances to stay under the one roof, the courts will more often than not accept that they have been living separate lives.

This stems from a landmark ruling in 2000 when a husband split from his wife but moved back into the family home. He did this to spend more time with his children rather than to reconcile with his wife and slept in a separate room.

"The judge said you can be living separate and apart but in the same house. It all depends on what your intention is," said Mr Walsh.

"Generally, the practice that has arisen from that is you are more likely to be considered living separately and apart if you are living in separate bedrooms.

"It has to have been made clear to the spouse that the marriage is over and a note kept [of when that was said]."

Despite the rebound in divorce numbers, the rate in Ireland still remains the lowest in the EU.

Irish Independent

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