Divorce

If your marriage is coming to an end and you are considering Divorce, it is necessary for a legal application to be brought to the Circuit Court or High Court. There are a number of conditions that must be met before a Judge will grant a Divorce. These requirements are reflected in our constitution and form part of the Family Law (Divorce) Act, 1996. Prior to granting a Divorce, the Judge must be satisfied that:

• The couple has been living apart for a period of at least four out of the last five years.
• There is no prospect of the couple getting back together
• Proper provision has been made or will be made for the spouses and any dependant children in
  accordance with the parties means.

We will advise you in relation to these conditions prior to any application being made to the Court. We will also try to ensure that all other aspects of your financial or family life which may need to be resolved, are considered during the legal process.

Although we understand that it is not always possible to reach an agreement in advance of a court hearing, we will assist you to reach an agreement where possible. This will allow your Divorce to be ruled on an agreed basis. This is often the best approach for both you, your spouse and your children, as it helps to reduce the conflict, stress and costs for everyone involved.

What are your options?

Before issuing proceedings seeking a Divorce, you might consider reaching an agreement about how you will live separate and apart by talking to each other if possible or by attending with a mediator  – we can act as a mediator or recommend a mediator for you

If you have tried mediation but did not manage to reach an agreement or do not feel that mediation is the right option for you – you can instruct this firm to negotiate a settlement agreement on your behalf and seek to have the agreement made into an Order by the Circuit Court.

You could also consider engaging in Collaborative Family Law where both of you and your solicitors sit down together to try and negotiate an agreement.

If you try to negotiate an agreement but are not successful in reaching an agreement – Circuit Court proceedings seeking a Divorce can be issued on your behalf.

What steps are involved in obtaining a Decree of Divorce?

Step 1 Prepare the necessary documents

There are ¾ documents required to commence Divorce Proceedings:

1. You need to complete an Affidavit of Means setting out your financial details – we will assist you in completing this 
2. If you have children you will need to complete an Affidavit of Welfare also, setting out details of where the children live and how they are doing.- we will assist you in completing this
3. We will prepare a document known as a Civil Bill for you, based on the information you give us about your marriage and your circumstances, this is the primary document in the proceedings and outlines your circumstances and what orders you would like the Court to make.  
4. We complete an Affidavit confirming that we have advised you of the alternative options such as mediation.

Step 2 The proceedings are Served on your Spouse – either directly or through their solicitor if they have instructed a solicitor.

Step 3 Your spouse files a document known as an Appearance which confirms that they have received the proceedings.

Step 4 Your spouse files their detailed reply to your application, this is known as a Defence and Counterclaim – it sets out all of the details of their circumstances and the orders they would like the court to make.

Step 5 You and your spouse both exchange financial documentation to confirm the details contained in your Affidavits of Means – the details of what documentation must be exchanged is set down in the Circuit Court rules.

Step 6 If there is a disagreement in relation to the children a Child expert may be required to undertake an assessment and to provide a report to the Court outlining both what the children would like to happen and what is in their best interest, in the opinion of the expert.

Step 7 If any additional financial documentation is required this can be requested from your spouse and/or an Order can be requested from the Circuit Court about what additional financial documents should be provided. 

Step 8 We advise you in relation to whether any other experts should be involved such as a Property Valuer, Pensions Advisor or Forensic Accountant. We obtain any further reports which are needed.

Step 9  We request a hearing date from the Court for your case.

Step 10 We assist you to prepare for the hearing and we attend the hearing with you.

Speak with us today if your marriage is coming to an end and you are concerned about the specifics in pursuing a Decree of Divorce. You can arrange a consultation here or give us a call on 01 637 39 46 for confidential and comprehensive legal advice.