Divorce in Ireland
Q: What are the specific requirements I must satisfy
- You must be living apart from your spouse
As the law stands you and your spouse must have lived apart for at least two of the preceding three years.
Couples who share a residence can constitute as “living apart” if they are not in an intimate or committed relationship with one another.
- You must live in Ireland
You or your partner must be residing in Ireland at the time the application is submitted or have a minimum of a year's worth of residence in Ireland.
- There must be no chance of reconciliation
- There must have been, or will be, suitable preparations for the spouse and other family members who are reliant upon it, such as children and other relatives.
Q. Are their alternative avenues
Since the parties must have been leading different lifestyles for a period of 2 years before filing for divorce, many divorcing couples decide to control their relationship through a separation agreement or judicial separation before filing for divorce.
Q. How do I file for Divorce
Either spouse in a marriage may ask the court for a divorce judgment if the above requirements are satisfied. Five documents are required to be submitted to the Circuit Court for filing for divorce:
- A Family Law Civil Bill
This document includes information about you, your spouse, your jobs, and your residence. Additionally, it includes information on your marriage date, the length of time you've been apart, and the names and dates of birth of your kids.
- A sworn Affidavit of Means
This is a statement that outlines your financial situation. It lists your assets, income, debts, liabilities, and outgoings.
- A sworn declaration regarding the welfare of children
The personal information about your children is listed in this document. It details their living situation, childcare arrangements, maintenance and access plans, health, education, and training.
- A Certificate outlining you have been advised about mediation
This document will be sworn by a solicitor.
- Original Marriage Certificate
Q. What happens if my spouse and I disagree on the terms of the divorce
If this occurs the other opposing party will have to submit forms as well, such as:
- An appearance which outlines the other party details and that they are coming on record and will appear at the divorce.
- A defence which contests any of the claims made in the Family Law Civil Bill and outlines what the other spouse claims to be entitled to.
- An Affidavit of Means which must have vouched documentation.
- An Affidavit of Welfare provides a summary of the parties' current living situations and other relevant practical conditions.
- Lastly, a document outlining that you have been advised about mediation.
Q. What happens after all the documents are filed
You and your spouse will be assigned a date for a court hearing before a Judge after submitting all required paperwork. This hearing will take place in private.
This article is for information purposes only and does not constitute specific legal advice, which should be obtained at all times. For more information, contact Eamon Concannon of Concannon Solicitors on 091-700 172/091 700173 or e-mail concannonsolicitors@gmail.com with any queries
