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Divorce question - living apart?

  • 27-01-2011 6:24pm
    #1
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭


    Just came across Article 41.3.2 in the constitution. It says that for a court to grant a dissolution of marriage the 2 people have to have lived apart for 4 of the last 5 years.

    A hypothetical situation came to mind almost immediately...

    If the husband had say, annexed part of the family home, by putting in a partition/wall, installed a second front door for his part of the house etc. and proceeded to live in that part of the house for the 4 years, would this be accepted as living apart, even though he's still in the same building? Let's assume he does not see the wife very much at all.


Comments

  • #2
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    To create 2 dwellings, the parties would need planning permission.
    U


  • #3
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Kameron Yellow Bark wrote: »
    Just came across Article 41.3.2 in the constitution. It says that for a court to grant a dissolution of marriage the 2 people have to have lived apart for 4 of the last 5 years.

    A hypothetical situation came to mind almost immediately...

    If the husband had say, annexed part of the family home, by putting in a partition/wall, installed a second front door for his part of the house etc. and proceeded to live in that part of the house for the 4 years, would this be accepted as living apart, even though he's still in the same building? Let's assume he does not see the wife very much at all.


    In McA v McA it was held that for the purposes of Article 41.3.2 spouses could be living apart even while sharing the same accomodation. So it would actually be unnecessary to do anything as drastic as renovating the house. Completely seperate lives would probably suffice; something akin to living with a flatmate.


  • #4
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    bath handle wrote: »
    To create 2 dwellings, the parties would need planning permission.
    U

    Ok, so I take it that if they weren't two legally seperate dwellings, the application would be rejected? I ask because the article doesn't define 'living apart' so I'm wondering whether a judge would reject an application in this situation.

    Cheers for the reply btw

    EDIT
    234 wrote: »
    In McA v McA it was held that for the purposes of Article 41.3.2 spouses could be living apart even while sharing the same accomodation. So it would actually be unnecessary to do anything as drastic as renovating the house. Completely seperate lives would probably suffice; something akin to living with a flatmate.
    Thanks very much for that! Question answered.


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