Divorcing couple could be require to have mandatory counselling

Divorcing couples could be forced to engage in mandatory counselling before seeking the intervention of the courts, under plans from Justice Minister Frances Fitzgerald.

According to the Irish Independent, the proposed move comes as part of a radical overhaul of Ireland’s family law system, through a series of reforms orginally proposed by former Minister Alan Shatter but now being overseen by Fitzgerald.

At present, separating couples who wish to part without going to court can seek to resolve their issues through the Family Mediation Service (FMS)

The free, confidential service is for married and non-married couples who try to sort out matters such as parenting, financial support and issues relating to the family home and other property.

However, many couples experience huge delays in accessing mediation which, since 2011, has been transferred to the Legal Aid Board.

By intorducing mandatory counselling before a divorce case can come to court, the government hopes to “reduce the stress on families and reduce the high legal costs associated with separation and divorce.”

The hope is that through counselling and mediation, conflict will be reduced around issues such as custody, access and who remains in the family home.

Mr Shatter, who worked as a family law solicitor, started a review of divorce and separation laws amid claims that district and circuit courts were creaking under the spiralling family law case load.

CSO figures that in 2002 Ireland had 35,059 divorced people – but that rose to 87,770 by 2011/2012.

However, this does not include separated people. When separation is included the total rises to almost 250,000.  

The Iona Institute
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