On December 8, 2011, troubled Irish singer-songwriter Sinead O’Connor
revealed to the world that she married Irish therapist Barry Herridge
she met on the internet in an unconventional drive-thru wedding ceremony
in Las Vegas.
Approximately 18 days later, the world was once again shocked by the singer-songwriter,
when on December 26, 2011; she announced that she would be ending her
marriage to Herridge as a result of pressures placed upon
him by individuals in his life who did not want to see the couple together.
The singer was deeply hurt and revealed on her website and twitter that
she was still enamored of Herridge, like her 1990 global hit “Nothing
Compares 2 U.” O’Connor and Herridge were spotted together, walking
arm-in-arm on January 4, 2012, after leaving an Irish pub. In addition,
O’Connor has once again taken to the “twitterverse” to profess
her undying love and devotion to her husband. On January 3, 2012 she posted:
“[…] Yay!!! We decided to be boyfriend and girlfriend again and
stay married […].”
Throughout her life, her music has been a critical success while her personal
life has been marked by difficulty and scandal.
O’Connor’s past includes shoplifting and truancy in her teenage
years. Her mother was killed in a tragic car accident when O’Connor
was 15. She has been diagnosed with fibromyalgia, bipolar disorder, and
attempted suicide on her 33rd birthday. She has been married three times prior to her marriage to Herridge.
On Friday, January 13, 2012 the troubled artist ended her marriage to Herridge a
second time.
What effect, if any, will O’Connor’s and Herridge’s on-again,
off-again marriage have on any future claims she may make for a divorce?
Has the clock stopped running? Will their date of separation change?
If the couple were married in and resided in Ontario, the following laws
would apply:
Firstly, Sinead O’Connor could bring an application under s. 8(1) of
the Divorce Act for an Order for Divorce. Provided she satisfied the elements
under s. 8 (2) regarding breakdown of marriage the court would be at liberty
to grant said Order. Breakdown of marriage would be established if O’Connor
could establish any of the following:
- Her and Herridge lived separate and apart for one (1) year;
- Adultery; or
- Physical or mental cruelty
If she were to bring her application and state one (1) year separation
as the reason for the breakdown of her marriage, she would then have to
look to s. 8(3) of the Divorce Act for the calculation of the period of
separation. Based on s. 8(3) a couple will be deemed to have satisfied
the one (1) year period if:
- Either of them had the intention to live separate and apart from the other; and
- The spouses did not resume cohabitation for a period exceeding ninety (90) days.
Therefore, since O’Connor and Herridge’s brief reconciliation did
not meet or exceed the ninety (90) day period then when filing her Application
for Divorce and other necessary and relevant documents, she would be at
liberty to state that December 26, 2011 was her effective date of separation.