judicial separation question

guest2014 wrote: »

with regard to the requirement in section 2(1) that the parties are living apart continuously for at least 1 year, it is expressly provided in section 2(2) that a period during which they are living apart is not interrupted by a resumption of married life in the same household for one or more totalling less than six months. However, such period or periods do not count as part of the period of living apart.



I cant get my head around the above paragraph, for example if a man moved out of his house in january 2014 , and moved back in from march to june 2014, moved out again in july 2014. when can he seek a judicial separation? jan 2015?

http://www.irishstatutebook.ie/1989/en/act/pub/0006/sec0002.html#sec2

no account shall be taken of any one period (not exceeding 6 months) or of any two or more periods (not exceeding 6 months in all) during which the spouses resumed living with each other, but no such period or periods during which the spouses lived with each other shall count as part of the period of desertion or the period for which the spouses have lived apart, as the case may be:

If they live apart, then resume living together for up to six months, and then live apart again, they can add their periods of living apart to calculate the year.

Such periods will not be counted as desertion.

guest2014 wrote: »

sorry so when can one of the spouses get a judicial separation? jan 2015 or july 2015.

That will depend upon which ground the judicial separation is being sought. You will see the six grounds set out in s.2 of the Act, lettered a,b,c,d,e,f.

A ground that is often pleaded is that the respondent has behaved in such a way that the applicant cannot be reasonably expected to live with the respondent. This ground does not require any period of desertion or living apart.

To attempt to answer the question that I think that you may be trying to ask, let's assume that ground (d) is the ground for judicial separation:

(d) subject to subsection (2) of this section, that the spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application and the respondent consents to a decree being granted;

Under that ground the spouses must have been living apart for a year, but under section 2(2) a period of up to six months where they were living with each other does not disrupt the continuity of the periods of living apart.

Looking at your question again:

if a man moved out of his house in january 2014 , and moved back in from march to june 2014, moved out again in july 2014. when can he seek a judicial separation? jan 2015?

Let's say 1st January 2014 to 1st March 2014 gives two months living apart. Let's say 1st March 2014 to 1st July 2014 gives four months together which does not upset the continuity of living apart, but at the same time does not count as time spent living apart. Then there would have to be another ten months living apart, to add to the previous two, to give the requisite twelve months. So, under s.2(1)(d), (if applicable) it should be 1st May 2015.

Also, there is caselaw where a couple who were living as separate households under the same roof have been deemed to be living apart.