10 points of proper provision in a divorce or separation

Legal advice for farmers

How do the courts divide the assets to make proper provision for the parties in a divorce or separation? There are 10 main points.

In Ireland, if there is a marriage breakdown, and there is a separation or divorce, the law in respect of the division of assets is that the court has to make proper provision for the parties.

Section 16 of the Judicial Separation and Family Law Reform Act 1989 and section 20 of the Family Law (Divorce) Act 1996 state the courts shall ensure such provision, as the courts consider proper, having regard to the circumstances that exist, will be made for the spouses and any dependant member of the family concerned.