I often find myself quoting relevant legislation to clients and then suddenly pulling myself back and realising my clients are not legally trained and as such have no idea what I am talking about! This was brought home to me recently when I brought my car to the garage and after 10 minutes of talking to the mechanic I walked away just hoping he understood what he said, because I certainly did not. So for that reason I am creating a simple and jargon free guide to getting a Divorce in Ireland.
So here is a very simplified list of what needs to be done and what the necessary criteria are:
1. Valid Marriage
A spouse cannot get Divorced in Ireland, if the State does not recognise their marriage.
2. Residency/Domicile
Either spouse must be either domiciled or resident in Ireland for a period of at least 12 months prior to applying to the courts.
3. Lived apart
You must having been living separately 4 out of the previous 5 years. There are some limited exceptions to this rule.
4. No hope of getting back together
The courts must be satisfied that there is no reasonable prospect of reconciliation between the parties.
What to do next?
1. Make an application to the courts
To make an application to the courts the following documents must be lodged in the Circuit Court Family Court Office:
A) Family Law Civil Bill
B) Affidavit of Means
C) Affidavit of Welfare (if dependant children)
D) Certificate regarding alternative options.
E) Marriage Certificate
The spouse lodging these documents is called the applicant. The other spouse is called the respondent.
2. Lodge an Appearance/Defence The respondent must then lodge an Appearance and also a Defence and/or Counterclaim, if he or she does not agree with the court orders that you are looking for in your Family Law Civil Bill.
3. Identify the issues
If there is a disagreement in relation to what either spouse want, then you are afforded an opportunity to narrow down and identify the issues in front of a County Registrar. In general the issues usually involve children, access, maintenance, pensions and property.
4. Hearing date
A hearing date is assigned to the case and a judge will listen to both parties and if there is no agreement between you, the judge will decide based on ensuring proper provision for both parties and if there are children involved then ensuring that the best interests of the children are being catered for.
If you are seeking a Divorce or Separation and need assistance, please do not hesitate to make an appointment to see me.
Laura Gillen
Brophy Solicitors