MAYO may have recorded one of the highest votes against divorce, but it has blazed the way in granting divorces.
The first decree of divorce under legislation was made by Judge Harvey Kenny in Castlebar Circuit Court yesterday. Earlier this year a decree was granted in the High Court in Dublin, but this was under the constitutional amendment permitting the dissolution of a marriage, not under the divorce legislation, which was not then in operation.
The divorce arose out of existing proceedings for judicial separation. When the solicitors for one of the parties, Arthur P. McLean & Co, of Dublin, received the papers for the separation, they responded for their client, adding they intended to seek a divorce when the legislation came into force.
A Sligo solicitor, Ms Anne Hickey, for the other party, replied saying they too wished to proceed to a divorce.
Both sides then set about preparing the affidavits of welfare and means, and certificates declaring that information had been given on counselling and mediation, as required. A civil bill was issued applying for a divorce.
When the proceedings came before Judge Kenny yesterday it is understood an application was made to have the judicial separate hearing struck out and to proceed with the divorce application. This went ahead with the evidence that would have been given for the judicial separation, supplemented by the additional necessary documents. After a 2 1/2 hour hearing the divorce was granted.
Ms Eileen O'Leary, barrister, (instructed by Ms Hickey) said the efficiency of the staff in the Castlebar Circuit Court office was crucial in getting the civil bill processed so quickly. In some circuit court offices, including Dublin, divorce applications are being stamped, but not processed, because of a dispute with the Department of Justice over staffing and resources.