Postgraduate Researchers

PhD Research Student - School of Social Science, Law and Education

Project title: No Easy Divorce? Legal Pathways to Dissolution in Ireland 

Project Abstract:

It is difficult to get divorced in Ireland. Irish divorce law, enacted in 1996, was designed to “save marriage” and is unfit for modern needs. Currently, spouses must overcome a number of hurdles before they can divorce, and judges have a large discretion to redistribute assets with little policy guidance or ability to refer to precedent. The uncertainty this creates is exacerbated by Ireland’s privacy laws surrounding family cases, which mean that there can be no court reporting on divorce cases. As a result, reform is difficult. There is limited data on how the majority of divorce cases are conducted or decided. We do not know what is happening in the Circuit Court, why or how orders are being made, how long cases are taking, or what issues cause the most conflict. 

I am attending a large sample of Circuit Court divorce cases and collecting data on timelines, case management, documentation exchanged, the content of court pleadings, and other such information on procedural and legal factors that influence how cases proceed and are decided. I will analyse this data in order to identify the elements of Ireland’s divorce regime which cause delay and unnecessary conflict. I will use my conclusions to suggest reforms. 

After three decades of criticism, the government knows there is an urgent need for reform. However, save a referendum in 2019 reducing the time spouses must live apart before applying for divorce, the legislation remains unchanged. In 2022 the Family Justice Strategy identified the data I will collect as a necessary part of the groundwork for reform. 

Supervisor: Dr Deirdre McGowan 

Funder: Research Ireland (Irish Research Council) 

ORCID profile:   https://orcid.org/0000-0003-1200-8248