Divorce Procedure
The procedure to obtain a divorce can be quite complicated. Thankfully we're here to do all the work for you. Once the paperwork has been competed, the steps involved are as follows:
- The papers are taken to the Court so that the Family Law Civil Bill can be issued. After they have been recorded, the Respondent is sent the papers by means of registered post. A record of the postage is kept. For this, an Affidavit of Service is sworn.
- If the Respondent fails to respond to the Family Law Civil Bill within 10 days, he/she will be issued the 14 Day Warning Notice , again by registered post. Another Affidavit of Service is drawn up for this.
- When the Letter of Consent is received (or if the Respondent ignores the papers altogether) an application is made to the Courts for a date for the hearing.
- Upon receiving the Court date, a Notice of Motion is sent to the Respondent, by registered post. Once again, a record of this is made and an Affidavit of Service is drawn up and sworn in the presence of a practicing solicitor or commissioner of oaths.
- Your Day in Court. On the day appointed by the Court office, you will need to appear in Court. There is no need to feel anxious about this. It is relatively informal and usually lasts just a couple of minutes. The divorce is then official. After that, it's probably off for a celebratory drink!
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Divorce Documents
- Family Law Civil Bill
This document is in simple terms your application for a divorce. It is one of the papers to be served on the spouse. It sets out the terms of the proceedings and contains some personal details and all the details pertaining to the marriage. It allows the Respondent 10 days to contest the divorce.
- Affidavit of Means
This document is made up of five schedules and describes your financial details. The schedules are Assets, Liabilities, Incomes, Outgoings and Pension. This must be sworn in the presence of a solicitor or commissioner of oaths at a cost of €10 or €20 - But we do it for FREE!
- Affidavit of Welfare
This document only applies if there are dependant children of marriage. It describes the home where the children live, who looks after them, their education details. It also describes any details of maintenance payments and details of visitations. It must be sworn before a practicing solicitor or commissioner of oaths.
- Affidavit of Service
This Affidavit is a document, in which it is sworn that the above documents were served on the Respondent. This document must be co-signed by a practicing solicitor or commissioner of oaths, who usually charge between €10 and €20 for this service. - But we do it for FREE!
- Fourteen Day Warning Notice
This Affidavit is a document, in which it is sworn that the above documents were served on the Respondent. This document must be co-signed by a practicing solicitor or commissioner of oaths, who usually charge between €10 and €20 for this service. - But we do it for FREE!
- Grounding Affidavit
In this Affidavid, the Applicant swears that either:
The Respondent's whereabouts is not known
-OR-
The Respondent lives outside the EU.
- Ex-Parte Docket
If the Respondent's whereabouts is not known, an application must be made to the Court to serve the papers on a known associate.
Similarly, if the Respondent lives outside the EU, an application must be made to the Court to serve the papers on him/her. These applications are made by means of the Ex-parte docket.
- Notice of Motion
This notice advises the Respondent of the time, date and place of the Court sitting where a judgement will be given, based on the Family Law Civil Bill, the Affidavit of Service of the Notice of Motion, the nature of the case and any other reasons offered. The Respondent need not attend the the sitting.
- Pension Adjustment Order
If required, a Pension Adjustment Order requires the Trustees of a Pension Scheme to make the other spouse a zero beneficiary or pay a proportion of the Pension Benefits to the other spouse for the benefit of a dependant member of the family. Please Note that there is an additional charge of €200 for this application.
You can find out more information on each divorce document by placing your mouse over each item
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