Divorce

About divorce

It is possible to have DIY divorce in Ireland? Yes but there are specific requirements and steps that need to be followed.

Probate

Here is an overview of the process for a DIY divorce in Ireland:

1. Eligibility Criteria
You must meet the following requirements:
  • You must have been living apart for at least 4 years during the previous 5 years.
  • You must be legally married and not in a civil partnership.
If you are not eligible for divorce, you may need to look at alternatives like a separation or nullity.
2. Grounds for Divorce
The primary ground for divorce in Ireland is that the marriage has broken down irretrievably. This is assessed based on:
  • Separation for at least 4 out of the last 5 years.
  • There must be no reasonable prospect of reconciliation.
3. DIY Divorce Process Steps
a. Complete the Divorce Application Forms
The primary document to submit is the Divorce Petition (known as Circuit Court Divorce Petition). You can get these forms from the Circuit Court Office or online through the Courts Service website. The forms include:
  • Circuit Court Divorce Petition (Form 12).
  • Notice of Motion (Form 13), if you need to request an interim order (e.g., maintenance or custody).
You will need to provide details of:
  • How long you have been separated.
  • Any financial settlements, property arrangements, and custody arrangements for children (if applicable).
b. File the Application
  • Submit the completed forms to the Circuit Court office. This is typically where the divorce will be filed.
  • Pay the required court fees (typically around €200 for the application, but this can vary).
c. Serve the Application
You must ensure your spouse is served with the divorce papers. You can do this by:
  • Handing the papers to your spouse personally or
  • Using a process server or solicitor to serve the papers.
Your spouse will then have a set period (usually 21 days) to file a response. If they do not respond, the case may proceed uncontested.
d. Court Hearing
Once the application is filed and the other party has been served, a court date will be set. During the hearing, the judge will review:
  • The separation period.
  • Financial arrangements (assets, liabilities, etc.).
  • Custody and access to children (if applicable).
If the divorce is uncontested (i.e., both parties agree), the court may grant a Decree of Divorce. If contested, the judge may decide.
e. Final Order
Once everything is agreed upon and the judge is satisfied that the divorce meets the legal requirements, a Decree of Divorce will be granted, and the marriage will be legally dissolved.
4. Considerations
  • Legal advice: Even though it is a DIY process, it can be helpful to have legal advice to make sure everything is done correctly. In particular, dealing with financial settlements, child custody, and access arrangements can be tricky without professional guidance.
  • Court Forms and Language: The court forms can be complex, and there may be legal terminology with which you are unfamiliar.
  • Financial Disclosure: Full disclosure of your financial situation is important when making decisions about property, maintenance, or pensions. Failure to disclose all information can lead to complications later.
5. Alternative to Divorce: Judicial Separation
If a divorce seems too complex or you are not yet ready to proceed, you might consider Judicial Separation, which is a formal legal separation without dissolving the marriage. It may be easier to get than a divorce.

ONLINE HELP:

The Court Services website has a lot of useful advice on divorce at https://services.courts.ie/Family-Law/separation-and-divorce/divorce There is also a commercial site offering a DIY service at www.easydivorce.ie which offers a online service to help you apply for your divorce.
Legal fees