Most divorces settled quickly - report

The first report of proceedings in the family law courts has revealed the vast majority of divorces and separations are settled quickly.

According to the Family Law Report Spring 2007, which used October last year as a sample study, the current trend between parties is to settle as soon as quickly "and get on with their lives". Only about 10 per cent of family law cases are contested.

The report, published today, found the courts usually ordered maintenance payments for children of between €100 and €150 a week per child.

However, in one case during the sample period, a maintenance payment of €8 a week per child was ordered. In another a husband was ordered to pay €1,550 a month of which €650 was for the wife and €300 each for the three children.

The granting of ongoing maintenance payments to wives is rare, with orders being made in only one out of every 20 cases.

Joint custody is granted in the majority of cases, with access arrangements agreed between the parties. The care and main residency is usually granted to the mother.

The study was compiled by journalist Carol Coulter, who was appointed last year by the Courts Service to produce a series of reports on family law cases during a year-long pilot programme.

Ms Coulter is taking leave of absence from her duties as legal affairs correspondent with The Irish Timesfor the duration of the project.

In producing her report, she met with the Presidents of the courts, individual judges, lawyers and legal representative bodies. She also visited the High Circuit and District Courts both in Dublin and around the country.

Her task was made possible by changes to the in-camera laws contained in the Civil Liability and Courts Act 2004. This allowed the research and recording of cases provided the identity of the parties remained anonymous.

The Courts Service said the reports are designed to "shine a light on family courts and to dispel myths and misunderstandings which may exist" on the subject.

Speaking this afternoon, Tánaiste and Minister for Justice Michael McDowell said the area of family law was "particularly sensitive" given that it deals with delicate and complex matters often involving children.

He said the laws on reporting such cases were changed to address the "serious lack" of information available.

Mr McDowell explained that Section 40 of the Act provided for a relaxation of the in camera rule as long as the confidential nature of the cases were respected. "I consider this safeguard to be of particular importance given the increasing competitiveness in some elements of the media to sell copy while sometimes taking very little account of personal sensitivities," he said.

The Chief Justice Mr Justice John Murray said the secrecy surrounding family law cases, which is designed to protect the privacy of those involved, has often given rise to criticism.

"It is no surprise that the public want more information on the application of family law. After all family law touches on some of the most discussed and important aspects of Irish society including divorce, separation, domestic violence and the guardianship and custody of children. It affects thousands of people every year," Mr Justice Murray said.