Divorcing couples are being forced to live together

COUPLES seeking a divorce are being forced to live under the same roof because they cannot afford to sell the family home, a leading judicial separation expert has claimed.

She also claims a growing number of fathers are struggling to meet maintenance payments because of the recession.

Roisín O’Shea, who has observed hundreds of family law proceedings in recent months, said the courts are increasingly advising that selling a house to make proper provision for separating couples is not a realistic option.

She said the stark reality for many couples who no longer wish to live together, is that they cannot afford to move apart.

There were 4,081 divorce applications in 2007, and 3,658 granted. The figures for 2008 are expected to be higher.

Ms O’Shea said judges are on the front line in dealing with the harsh financial realities of post property- boom Ireland.

“People can’t afford to sell. The family home is in arrears, but who is going to pay for it? Judges are looking for leniency from banks and building societies, and don’t have all the answers. There is simply not enough there to divvy up between two partners, so they are both remaining in the house.”

As well as this, ever-greater numbers are seeking to reopen past divorce settlements, the terms of which can no longer be met.

“Fathers who agreed maintenance pre-credit crunch are now struggling and being ordered to make payments they can no longer afford,” she said.

“It’s a case of tough luck, they are bound to pay it. I don’t know what the end result will be because these are enforceable orders, the courts have the powers to commit in this situation.”

Ms O’Shea said, now more than ever, it is vital practitioners ensure draft separation agreements contain a clause providing for a reduction in maintenance if necessary.

A spokesperson for the state’s Family Mediation Service, a free service for people negotiating terms of a separation, agreed that people’s options are very limited.

“Couples had agreed to sell the family home but now they can’t. Options are changing, and they are having to stay under the one roof. We have been seeing this since last summer,” the spokesperson said.

Solicitors in family law matters are required by law to advise their clients of the benefits of mediation but the Family Mediation Service said it is ‘not sure’ if this is happening.

The State has run the service, which sees about 1,500 couples a year, since 1986 but it is thought less than 3% of all cases in Ireland are mediated.

With lengthy waiting lists and scant awareness of what exactly mediation involves, Ms O’Shea maintains people are being failed by being left with no choice but to battle it out in courts. She said the model of most mediation services are not formal enough in this country, and culminate in draft agreements which solicitors essentially redraft anyway.