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Jan 27, 2022
  • Question 1:

    Nullity John and his wife Rebecca were married in 2016 and they are joint owners of an apartment, which they purchased shortly after their marriage. John advises you that he and Rebecca had engaged in a very brief relationship before their marriage but did not engage in sexual intercourse.
    Rebecca contacted John some months later and told him she was pregnant and threatened him with an investigation by the Gardai and financial ruin if he did not marry her. John married her on foot on these threats but found out some weeks later that Rebecca had never been pregnant. Advise John as to whether he would be entitled to a decree of nullity and if so, on what grounds.

    Question 2:

    Separation Declan and Mary are married couples. They have been married for seven years. In the last two years or so Declan has become very critical of Mary. Declan has started to be more vocal about Marys appearance to their friends and family. As a result, Mary is becoming more and more distressed about Declans passive-aggressive behavior and she is concerned for her own emotional wellbeing. Mary feels that Declan is having adulterous affair with a work colleague for the past two years.
    While Mary cant prove that Declan is having affair, she has noticed some changes in him. She noticed that has stayed overnight at the office on a number of occasions and assumed that this resulted from a work project deadline. In addition, Marys friend informed her that she saw Declans car parked outside the work colleagues house one morning.
    Another neighbor says that Declan regularly parks overnight outside the work colleagues house. Mary has also informed you that she and Declan have not had a sexual relationship for at least a year, and she feels that their marriage has not been what it once was for some time now. Advise, Mary on what grounds, if any, she may apply to the court for a judicial separation from Declan.

    Question 3:

    Divorce Fiona and George have been married for five years. Fiona is from Ireland while George is from the US. For the past two years, they have lived in the same house, but have had separate bedrooms, although Fiona still cooks meals for them both and George washes their clothes.
    They have not spoken a word to each other for nearly a year. Several weeks ago, Fiona admitted that she spent the night with another man. George has decided he wants a divorce; Fiona does not. George is very rich, while Fiona is very poor. Advise George on divorce proceedings in Ireland and the rules around foreign divorces. Discuss the idea of proper provision in your answer.

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