Judicial separations - how high is the burden of proof for adultery?

LookingFor

Let's deal with this theoretically... I know in any individual case one would have to get advice on the specifics of their situation.

Citizen's Information says:

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/judicial_separation.html

An application for a judicial separation must be based on one of the following six grounds:

One party has committed adultery
One party has behaved in such a way that it would be unreasonable to expect the other spouse to continue to live with them
One party has deserted the other for at least one year at the time of the application
The parties have live apart from one another for one year up to the time of the application and both parties agree to the decree being granted
The parties have lived apart from one another for at least three years at the time of the application for the decree (whether or not both parties agree to the decree being granted)
The court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for the decree.

On a case made around suspected adultery, how high is the burden of proof here in Ireland? What kind of proof succeeds?

On a tangential note, what happens if neither party is willing to leave the family home? The criteria that they be living apart for 12 months could not be met. It seems in that kind of situation, a case would be typically brought under point 2 or the last point if a case about adultery couldn't be made, but it seems very vague about what unreasonable behaviour or what 'a normal marital relationship' means?

I always assumed the latter was a reference to sexual relations, or am I wrong in that? What kind of examples would satisfy point 2 or the last point?

Ken.

There was a recent case where neither party could afford to leave the home. The judge accepted that they had lead separate lives even though they lived together. With the current economic climate and negative equity I'm sure its becoming the norm now rather than the exception.

Pat Mustard

LookingFor wrote: »

On a case made around suspected adultery, how high is the burden of proof here in Ireland? What kind of proof succeeds?

I don't have the relevant caselaw to hand, but you could look up Shatter's book on Family Law for caselaw on adultery. IIRC there may be something about a private investigator's evidence as to a husband and his extra marital lady friend spending a night in a hotel - such being sufficient evidence of adultery.

The unreasonable behaviour ground is more commonly used.

LookingFor wrote: »

On a tangential note, what happens if neither party is willing to leave the family home? The criteria that they be living apart for 12 months could not be met. It seems in that kind of situation, a case would be typically brought under point 2 or the last point if a case about adultery couldn't be made, but it seems very vague about what unreasonable behaviour or what 'a normal marital relationship' means?

I always assumed the latter was a reference to sexual relations, or am I wrong in that? What kind of examples would satisfy point 2 or the last point?

There is caselaw where spouses were deemed to have been living apart even though they lived under the same roof, insofar as they took separate meals, slept in separate beds, and so on.

Procrastastudy

The Mustard wrote: »

There is caselaw where spouses were deemed to have been living apart even though they lived under the same roof, insofar as they took separate meals, slept in separate beds, and so on.

Jesus that describes my (happy) marriage.

Stheno

Procrastastudy wrote: »

Jesus that describes my (happy) marriage.

Ah now it's more than that to be fair.

You need to show that the likes of joint bank accounts are cancelled, that you are sharing a house and the bills rather than paying them jointly, seperate bedrooms, etc

You'd be hard pressed to prove it e.g. in a one bed apartment.

That said a lot of it is based on both parties agreeing to submit that they have been living seperately.