When applying for a divorce in Ireland, it is not a necessity to use a solicitor but it is often advised given the complexity of the process. Having professionals with experience in this field of law in Ireland can be extremely helpful. We have noted below some of the most useful information about Divorce in Ireland and details to be aware of entering into the process.
There are a number of terms you must meet when seeking a divorce in Ireland in order to successfully receive a court order confirming the marriage is dissolved.
Here are the basic conditions:
- Either you or your spouse must be living permanently in Ireland
- You and your spouse must live apart from one another for a minimum of 2 of the 3 years preceding the date of the divorce application
- Arrangements have to be made for the spouse, children, and other (dependant) relatives.
- Acceptance that reconciliation is not a possibility.
How to begin the application process:
If you meet the conditions for getting a divorce in Ireland, either you or your spouse can apply to the court for a decree of divorce. This is a document saying the marriage is dissolved (officially over) and means that you are free to remarry.
When making your application you must submit 5 documents:
This describes you and your spouse, your occupations and where you live. This also includes when you married, how long you’ve been living apart, and the names and birth dates of your children (if any).
A sworn Affidavit of Means
This documents your financial position, such as your assets, income, debts, and liabilities, and your outgoings. This information will need to be confirmed via bank statements, pay-slips, and utility bills.
A sworn Affidavit of Welfare (relating to the welfare of your children)
This document outlines the personal details of the children of the marriage. It marks their living address and with whom (as well as – education, their health, childcare arrangements, and maintenance and access arrangements).
A document verifying that you have been advised about Mediation
This is only required if you are using a solicitor, by whom it must be signed.
Your original State Marriage Certificate
If your marriage certificate is not in Irish or English, you may be required to provide an official translation.
As mentioned at the outset, it can be invaluable to have the advice of someone well versed in family or divorce law in Ireland. Our team would be happy to speak with you to understand your circumstances better. We hope some of the information above provides you with some insight into parts of the process.