Family Law Matters report:A "snapshot study" of family law cases in Cork Circuit Court found that all the cases listed for October 2006 were settled before going to a full hearing and court decision.
Of the 48 cases listed before Judge James O'Donoghue in October 2006, 40 were divorces and eight were judicial separations.
The rate of settlements in Cork, the second busiest Circuit Court dealing with family law in the country, compared well to Dublin, where in the same month in 2006, 90 per cent of cases were settled.
Only one of the cases related to a marriage of less than five years. The single biggest group of couples splitting were those married for between 21 and 25 years. And a sixth of the cases were taken by people in marriages of between 31 and 35 years. The statistics were published yesterday by the Courts Service in the second edition of Family Law Matters, a report on family law proceedings.
Dr Carol Coulter, family law reporter for the Courts Service, looked at family law cases in the Cork court in October 2006 and found that, though all 48 cases were settled, the settlements were not always amicable.
"Some of the terms indicate considerable discord before the settlement, with the file recording several appearances and, in some instances, motions for discovery," she said.
Six of the eight judicial separations agreed concerned dependent children. In five of these cases custody was agreed.
In the sixth case, the child was an 18-year-old student and no access was mentioned. Maintenance ranged from €1,000 a month for two children to €65 a week for the student.
Six of the eight cases contained a "full and final" settlement clause, stating that the financial arrangements agreed were final.
In half the 40 divorce cases settled, a previous judicial settlement was in place. Where there had not been a judicial separation, the issues settled included access to children, disposal of the family home and other property issues.
Of the 19 divorce cases where the custody of children was dealt with, joint custody was agreed in 11. In eight of these, the child lived primarily with the mother. In two, the issue was referred to the District Court, while in one it was left to the wishes of the child.
In four of the remaining cases access was shared equally. In two cases custody went to the mother alone and in two cases it went to the father alone.
Dr Coulter said that although the reasons for sole access were not indicated on the files, "it often reflects a lack of involvement on the part of the other parent in the child's life before the divorce".
In divorce cases, Dr Coulter found that maintenance was generally paid for children, between €400 and €500 a month, but rarely for a dependent spouse. Small levels of maintenance could reflect the fact that some settlements involved the children spending a considerable proportion of their time with the father, the report said.
The family home was ordered to be sold in 25 cases, in 15 cases the wife bought out the husband's interest and in six the husband bought out the wife. In the remainder of the cases, the couples lived in rented accommodation.
