BY the time divorce becomes law this Thursday 1,000 people will have registered with the Legal Aid Board seeking a divorce. That number is likely to be exceeded by those who have asked private solicitors to start divorce proceedings on their behalf.
By the beginning of last week more than 900 people were seeking divorces with the Legal Aid Board, according to its chief executive, Mr Frank Goodwin. This was an increase of 200 in a month, and he expected a further 109 to be added to the list by the time divorce becomes law. This compares with 150 people seeking judicial separations with the board in the first year of the Judicial Separation Act.
The Legal Aid Board has a further 2,000 people seeking legal advice on other matters, the bulk of them related to family law, he said. Many of these are seeking judicial separations or emergency reliefs like barring orders, and may apply for divorces when they become eligible. The 900 on the list last week had all been interviewed and their eligibility for divorce, particularly the need to be separated for at least four years, established.
Mr Brian Gallager, a partner with Dublin family law specialists Gallagher Shatter, said he had not seen a huge rush of people seeking divorces, but there was a steady trickle, especially in the last month with inquiries coming in every day.
It is impossible to estimate accurately the number of divorce petitions being prepared by private solicitors, but it is very likely to run into four figures. A survey of the family law clients of solicitors conducted by the ESRI in 1995 found that those eligible for legal aid were more likely to seek remedies like barring orders and maintenance orders than legal separations, while the opposite was true for the clients of private solicitors.
If this pattern continues with divorce, which is likely, the number of private clients seeking divorces is likely to outnumber those of the Legal Aid Board by about two to one.
The increased demand has already been seen by the Incorporated Law Society, which recently ran a series of seminars on family law, including divorce. It was so over subscribed that it is re running the course, said the society's director general, Mr Ken Murphy.
This will put great pressure on the courts. A year ago a crisis situation had developed, with people having to wait about two years for a hearing. The situation improved with the appointment of additional judges, he said, though it is still not adequate. However, the increase in cases arising from the divorce legislation will clog it up again.
Asked about resources to meet the increased demand for family law hearings, the Department of Justice said: "The Minister is confident that the appointment of these additional judges will provide the necessary resources to deal effectively with the existing delays in the hearing of family law cases, and assist in the prompt, disposal of such cases in future.
There is a shortage of courtroom accommodation in Dublin, but the Department pointed out that eight new district and circuit courts are to start operating there later this year.