90% of divorces amicable and pragmatic

THE picture painted of divorce in Ireland by the first-ever study of family law cases suggests it is far from the Kramer V Kramer style, tug-of-love variety much loved in popular fiction and TV soaps.

Although the end of a once-loving relationship is rarely a cause for celebration, the landmark research by its author, Dr Carol Coulter on behalf of the Courts Service, shows that the vast majority of former partners are quite pragmatic in their approach on to how to go their separate ways.

It showed that a remarkable 90% of couples who seek divorce or judicial separation agreed terms on the usual thorny subjects of custody of children and the splitting of assets such as the family home without the need for a judge to make a ruling on the merits of their respective cases.

As Dr Coulter pointed out, the statistics suggest that “most people want to get on with their lives,” without presumably experiencing further hardship through bitter and hotly contested legal proceedings.

The study also provides strong evidence that the impact of divorce has not proven to be anywhere near as detrimental to family life as those who were opposed to its introduction in the Republic 10 years ago would have had the electorate believe.

Divorce rates seem to have settled at a rate of between 3,000 and 3,500 per annum.

The report highlighted how the views of a child on which parent should be granted custody were considered in only one of 21 analysed cases.

Dr Coulter said the presence of a child at a divorce or judicial separation hearing was “quite rare” as all parties were usually anxious to avoid placing a child in such a stressful situation.

Although there is usually some element of financial hardship in the decision by a couple to separate because of the need to split assets, the report points out that weekly maintenance payments for children usually range from €100 to €150 per child.

Dr Coulter said the starting point for all disputes about who gets what is the presumption that the stay-at-home partner is entitled to 50% of assets.

However, the clear impression to emerge from the 37-page report is that each case is unique and settled in accordance with the financial and domestic arrangements of both parties, so that there is no real preordained outcome to act as a reliable barometer for spouses who may break up in the future.

Further efforts to alleviate the emotional hardship for people going through a divorce or judicial separation are also in the pipeline through the introduction of case conferences.

A pilot project run recently in Limerick was established to reduce the number of issues between the parties before it might end up before a judge.

Limerick county registrar, Pat Meghen, said the results were mutually beneficial and the experience largely positive for everybody involved.

“Case conferences allow for huge savings and are only a fraction of the costs normally involved in such proceedings,” he said.

Plans to expand the service on a nationwide basis are currently being drafted, although enabling legislation will be required first before it becomes an option for all divorcing couples.