divorce in ireland

To begin divorce proceedings in Ireland, an application must first be made to the Circuit Court, which is where the majority of divorces are granted. The application must be submitted to the circuit court in the area where the applicant resides.

Applications for divorce can be made by a lay litigant, such as a spouse. This person is known as the applicant and the other party is then referred to as the respondent.

Alternatively, an application can be filed on your behalf by a solicitor. This approach is advisable in the absence of divorce by consent and where there has been ongoing conflict between the applicant and respondent.

The divorce process can differ greatly depending on the terms of each individual case. Where there is a mutual agreement between parties and they have experienced a successful and amicable separation, it will be a relatively straightforward divorce.

However, in situations of conflict and in instances where only one party is pursuing a divorce, it can be an overwhelming experience. In such instances, it is commonplace for a respondent to receive divorce proceedings with an Affidavit of Means, an Affidavit of Welfare (where children are involved), and a Civil Bill that is claiming an entitlement to the custody of the children, all of the property maintenance, pension provisions, and other assets.

This can understandably be a daunting experience, which is why it is important to work with an experienced legal representative who can reassure their client about what is standard procedure and advise on how to react accordingly.

Following this, both parties go to court and the respondent presents their side of the relationship and each aspect is worked through until all issues are resolved. The case then goes into a sub-court process known as “case progression”, which involves preparation of both parties for the court hearing. At the end of this process, once both parties are satisfied that all information and documentation has been shared and disclosed, they will then request to be listed before the court.

This depends on the circumstances of each case.

In instances where parties have been through most of the process during the separation, they may simply translate their separation agreement into a divorce. This is a short process that involves going before the County Registrar to verify your terms of agreement before the application goes before the court, where the agreement is ruled upon.

Before this can happen, however, the court must be satisfied that proper provision has been made within the agreement for any children involved and for both spouses. If the court is not satisfied, it cannot make an order for divorce.

This is why more complicated cases, either involving disputes between the parties or the presence of complex assets within the marriage, tend to take longer, as they may require additional supporting documentation or third-party evidence to be provided by experts.

No, this is not a necessary requirement.

If you reside in Ireland, you can apply for a divorce regardless of whether you were married abroad or not. However, you may need to have that divorce recognised in the jurisdiction you were married in, in order for it to be validated there. This would be a significant factor if you owned property with your spouse in that location.

Yes, you will always need a solicitor to facilitate a divorce.

Yes, you do. Only a judge of the Circuit Court or High Court can grant a divorce. The applicant will be required to give evidence before the court so that a judge can satisfy him or herself that proper provision has been made for all necessary parties.

The assets co-owned by two individuals going through a divorce will be divided in accordance with their circumstances during their marriage.

For example, in situations where there are children involved, one of the parties may have been the stay-at-home carer while the other was the breadwinner in the traditional sense. This will affect how custody arrangements and maintenance allocation are treated in the divorce agreement. The same principle will need to be applied in the case of joint assets, such as property.

Therefore there is no “one size fits all” rule in relation to how assets are divided during the divorce process – it is dependent on countless pre-existing factors.

There is almost always a joint custody order made at the end of a divorce. However, in spite of the “joint” element, one of the parties will usually emerge as the primary custodian.

The terms “primary care” and “control of the children” describe who is looking after the welfare of the children on a daily basis. The deciding factor for this tends to revolve around where the children reside for the five days they are in school. The primary carer will be the person who takes care of the practical day-to-day arrangements.

Generally speaking, one of the parties will be named as the primary carer, but sometimes a shared parenting arrangement will be finalised, which is a contract that is negotiated and agreed or imposed by the court.

For starters, both parties’ respective means are assessed, followed by the needs of the children and of each spouse. This is done through the Affidavit of Means. Following this, the relevant amount of maintenance is fixed by the court based on the ability to pay said fee.

Inevitably, the court has to find a balance between what is required to maintain the child and what the individual providing child support can realistically be expected to pay. Our experience as solicitors enables us to put a gauge on what an individual in a particular set of circumstances would be expected to pay in a certain scenario. This is estimated based on the number of children to be provided for and the person’s level of income.

It’s a varied spectrum, so it is up to the court to strike a balance that ensures there is no major shift in terms of the children’s maintenance before and after divorce.

There are a number of documents that are required when initiating divorce proceedings. They are as follows:

• Marriage certificate
• Affidavit of Means – this sets out your financial circumstances and responsibilities and is required if both parties agree to make a full financial disclosure in the context of the divorce agreement
• Affidavit of Welfare – this describes your relationship in relation to any children and describes all aspects of the children’s care, such as where they reside, what type of accommodation they have, whether there are third parties living with either party, and so on

These documents must be obtained through the collation of verified information, which means supporting documentation like bank account statements, pay slips, proof of address, medical records and more will need to be compiled by each party.

A mediator is a specially qualified family law expert who works on behalf of two parties who are looking to legally separate or divorce.

A solicitor, during a separation or divorce process, is a legal professional that acts on behalf of one party only and represents their interests only. Within the mediation process, a solicitor’s function is to ensure from an objective point of view that proper provision has been made for the person who we’re acting on behalf of. Once we’re satisfied that this is the case in the context of a mediated agreement, the agreement is resolved.

The mediation process involves two consenting parties coming together with the help of a mediator to discuss their expectations and how they can be met. It is a process of compromised negotiation between the parties themselves, with the assistance of the mediator.

At the end of the mediation process, if the parties have come to an agreement surrounding all of the issues discussed, a mediated agreement is entered into and this is then translated into a legal document by a solicitor.

It is a process that is specifically suited to a certain type of relationship where both parties – in general terms – see eye to eye. In situations where there are any indications of controlling behaviour or where one party is less assertive than the other, it is an unsuitable process.