First online divorces granted as virtual hearings to expand

Courts to finally start hearing access and maintenance cases again

DIVORCES were granted online for the first time yesterday, marking a little bit of Irish legal history.

Three decrees of divorce were granted by the Circuit Court following hearings in “virtual” courtrooms.

Remote hearings have been adopted by the Courts Service since Easter in a bid to keep the wheels of justice turning in the midst of the Covid-19 lockdown. However, this was the first time they were used in the divorce courts.

In all three cases, the parties did not have to come into a physical courtroom and were able to appear by video link from their home or the office of their solicitor.

Any contentious issues which may have existed between the parties had already been ironed out and there was consent on both sides to the decrees.

Keith Walsh, a solicitor involved in two of the cases, said there was “an overwhelming feeling of relief” that the hearings had been conducted successfully. He said despite “one or two technical glitches” the hearings worked out well.

“It was very heartening for clients that had been waiting a while for their case because they were listed for March but had to be put back,” he said.

“While in theory there was no urgency, people are apprehensive about divorces and their lives can be put on hold until they are finished.”

Although not conducted in a physical courtroom, the usual formalities in giving evidence were still observed.

Parties swore on a ‘Bible’ before giving evidence and identifying documents.

Oral evidence was required to confirm to the judges that the former couples were living apart and there was no prospect of a reconciliation.

The decrees were granted by Judge Sinéad Ní Chúlacháin and Judge Petria McDonnell.

The use of virtual courts is set to continue and expand in the coming months.

Measures to increase the volume of physical hearings were also announced yesterday.

Courtrooms are to be adapted with screens being provided for judges, staff and witnesses, along with floor markings and two-metre distancing signage. Chief Justice Frank Clarke said such measures may well have to continue until the second half of 2021.

The High Court and the District Court also announced the expansion of the categories of cases they will be able to deal with from May 18 in what is being seen as the first step in reopening the courts.

The District Court is to begin dealing with disputes over unpaid maintenance and breaches of child access orders which have arisen since Covid19 restrictions came into force.

Court business has, largely speaking, been pared back to urgent matters and ongoing trials in recent weeks, with huge swathes of cases being adjourned.

While domestic violence cases were deemed a priority after the lockdown, maintenance and child access were not and, as such, it has not been possible to secure hearings on these matters.

The Legal Aid Board and legal advice charities have reported an upsurge in calls relating to both issues in recent weeks, suggesting a significant pent up demand for hearings.

The High Court is also set to expand the types of cases it will deal with from May 18, having largely only dealt with urgent matters in recent weeks.

The president of the court, Mr Justice Peter Kelly, said he had authorised the hearing of corporate and personal insolvency matters, judicial review applications, non-contentious probate cases, family law applications, commercial cases, chancery list cases and Criminal Asset Bureau cases.