The vast majority of divorce and judicial separation cases are settled quickly and by consent, according to the first ever report into proceedings before the family law courts.
The finding - one of several likely to challenge public perceptions of the family law courts - is contained in new research aimed at providing a greater insight into an area of law traditionally hidden from public view.
The report, Family Law Matters, analysed a month's decisions in the Dublin Circuit Family Court, where approximately one-third of family law cases is heard each year.
Nine out of 10 divorce and judicial separation cases were settled by consent and were not contested in court. Most were settled within a year, while some were agreed by consent within weeks or even days.
Of the 161 cases concluded in October of last year, 103 were divorces where the terms were agreed between the parties, 33 were judicial separations where terms were agreed, while just 16 cases went to a full hearing.
A very high proportion of divorces are only concerned with extinguishing succession rights and finalising arrangements made by parties themselves. This indicated that many couples preferred a "clean break" end to their marriages, the report says
Custody of children tended to be granted jointly in the vast majority of cases, in both settled and contested cases. The care and residency was usually granted to the mother, often reflecting the practical situations of the parties. Issues such as access were generally agreed between parties.
The granting of ongoing maintenance payments to wives is rare, with orders being made in only one out of every 20 cases. On the issue of maintenance for children, the typical costs ranged from between €100 to €150 a week per child. There are exceptions, 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 small number of contested cases which went to full hearings, however, meant there was limited insight into the court's determination on issues such as custody and maintenance.
The author of the study is Irish Times 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. She is taking a leave of absence from her position as Legal Affairs Correspondent.
Family law cases are subject to a strict in camera or privacy rule. However, changes have allowed for the research provided the identity of the parties remained anonymous.
