Anne and Barry have recently agreed to live apart (now 3 months ago), and they consider their marriage beyond repair. They have 3 children, aged 3, 8, and 19. All children are in education and there is agreement only on the point that the children’s interests are a paramount consideration for both spouses.

Anne asks your opinion about the next steps that may be necessary to consider. She says that Barry is a good father, but a terrible husband and that their marriage is beyond repair, alleging trust broke when she realized he had been on the cusp of an affair before she confronted him with text messages he sent to her, intending to send to another woman.

Ann says that the children’s welfare will be her highest priority and she would like sole custody of them. She wonders if you think this would be possible or would the court insist that they are in the joint custody of their father. She tells you that Barry has a had temper and was previously treated for addiction to painkillers.

Anne has reason to believe that Barry. may not have been formally divorced in the eyes of Irish law before they were married. She wonders if she should make formal inquiries into this situation before she goes any further.