Divorce or DIY Divorce?
There are two ways to get a divorce in Ireland, either employ a solicitor
or do it yourself (DIY Divorce). A DIY Divorce is exactly the same
a traditional divorce. The only difference is that you lodge the paperwork
and manage the divorce application yourself. Divorce in Ireland is
a relatively simple process. So long as the divorce forms are correct,
and the procedure is followed, you will have no problem in obtaining
an Irish divorce. With Irish Divorce Services, you can be sure that
your divorce forms will be correct and the proceedings go smoothly.
Divorce in Ireland
To get a divorce in Ireland, there are a few pre-conditions that
must be met. The Family Law (Divorce) Act 1996 sets these out as:
- "at the date of the institution of the proceedings,
the spouses have lived apart from one another for a period of, or
periods amounting to, at least four years during the previous five
years."
In DIY Divorce terms, this means that before you can get divorced,
you must have been living separate lives for at least the past four
years. (Or more technically, a total of 48 months out of the previous
five years)
- "there is no reasonable prospect of a reconciliation
between the spouses."
In DIY Divorce terms, this means that before you can get divorced,
the Court must be satisfied that the marriage cannot be saved.
- "such provision as the court considers proper
having regard to the circumstances exists or will be made for the
spouses and any dependent members of the family."
In DIY Divorce terms, this means that before you can get divorced,
the Court must be satisfied that everyone involved is provided for.
If you have satisfied these conditions, then you can get a divorce.
DIY Divorce in Ireland
To get a divorce in Ireland by the DIY Divorce method, it is strongly
recommended that you satisfy this further condition:
"That the divorce is consented."
This means that both you and your spouse both want a divorce, and
furthermore, should be in agreement regarding all matters pertaining
to your separation and future divorce. As a DIY Divorce would not
involve a solicitor, it would be extremely unwise to argue issues
yourself in front of the Court. Issues such as custody of the children
after the divorce, visitation rights, maintenance payments, alimony,
ownership of the family home after the divorce, pension rights and
succession rights should all be discussed and settled before attempting
a DIY Divorce. Otherwise, it is strongly recommended that you consult
a qualified solicitor who specialises in Family Law and divorce.
There is one exception to this: In the case where you have lost contact
with your spouse. Obviously, in this situation, it would be impossible
to obtain your spouse's consent to the divorce. This will not prevent
you from obtaining a divorce in Ireland, providing that you can explain
how you lost contact with him/her and show that you have failed at
attempts to make contact.
Timeframe for a DIY Divorce
If you are intending to re-marry, you may be anxious about how long
it will take to get divorced. A DIY Divorce normally will be quicker
than a traditional divorce. You could obtain a divorce in Ireland
in as little as four weeks, but in most cases it takes between six
and nine weeks. Some of the factors which determine how long an Irish
divorce will take are:
- Your spouse's promptness in replying to your divorce papers.
- The time of year you make your divorce application. The Circuit
Court has terms and sittings and do not conduct Hearings throughout
the year. Find out more at www.courts.ie
- The Court to which you apply. Unlike other counties, the jurisdiction
of Dublin has a dedicated Family Law Court. Generally, divorce cases
heard in Dublin will proceed much quicker than those in any of the
other counties. You can apply to the Dublin Court if you or your
spouse lives in County Dublin OR if you or your spouse works in
County Dublin.
What to expect from a DIY Divorce in Ireland
A DIY Divorce is fairly straight forward. Irish Divorce Services
will prepare all the necessary paperwork. Most DIY divorce firms supply
instructions in the form of a DIY Divorce Step-by-Step guide, but
at Irish Divorce Services, all your paperwork is managed for you,
so that your divorce will be processed in the shortest time possible
and with the minimun of fuss.For most people, a DIY Divorce will simply
involve:
- Signing a few pages of the Divorce forms
- Swearing a couple of Affidavits before a Commissioner of Oaths
- And finally, a Divorce Hearing before a Circuit Court Judge
The Court Hearing for your divorce is nothing to be anxious about.
The Judge will ask a few questions and if he/she is satisfied that
you have met the pre-conditions for divorce, he/she will grant a Decree
of Divorce. The Court Hearing is relatively informal and should last
just a few minutes. It is not necessary that your spouse be present
on the day. However, in some circumstances, a Judge may be apprehensive
if your spouse is not present or is not represented.
Rules And Forms
If you would like to try to do your own divorce without the assistance
of a DIY Divorce firm (or solicitor for that matter), you will need
to be familiar with the Court Rules and Forms. For your convenience,
the necessary forms
and rules for divorce are posted here.