Getting a Divorce

I have a conditional order – what must I do next?

A guide to Civil Partnership Dissolution

A guide to the process (and timescale) of an uncontested divorce.

Yes, provided that, prior to the date your divorce petition is presented to the court, you have not lived together for more than six months.

No. In this circumstance you will have to ask your spouse to divorce you.

Overview

• either spouse can apply for a Decree of Divorce - the person applying is the Applicant
• the other spouse is the Respondent
• Ireland has adopted a “no fault” system in applying for divorce
• the venue can be in any county where any party ordinarily resides or carries on any profession, business or occupation
• either spouse must be resident in the State for one year prior to the application

the Court shall be the Circuit Court unless, the market value of any land in which proceedings relate exceed €3m and either party or any person having an interest applies to transfer it to the High Court.

(Click on the orange sub-headings for sample forms)

Some frequently asked questions regarding divorce under Irish Law

To apply for a divorce you must send a Divorce Petition and your original Marriage Certificate to the County Court. There is a Court fee payable of £300.00 but you can apply for an exemption from paying this fee depending on your income and capital. If you have children who are under 16 or under 18 and at school or college or training you must also fill in and send to the Court a form called a Statement of Arrangements for Children form.

You cannot start a petition for divorce unless you have been married for more than one year.

You must wait 6 weeks and one day. After this you may apply for the decree absolute.

It is not possible to be precise as the length of time depends on the speed with which you both deal with the Court papers and how quickly the Court process the paperwork. Where there is co-operation and everyone acts quickly you should allow for a period of 4 - 6 months from filing your Petition to obtaining Decree Absolute. The financial matters do not have to be resolved before Decree Absolute and you should take legal advice as to whether you should apply for Decree Absolute before financial matters are resolved.

A guide to Civil Partnership Dissolution from HMC

No, you would need the other parties consent, alternatively you could rely on the fact of unreasonable behavior or 5 years Separation whereby consent is not required.

Yes, provided one party is either domiciled or habitually resident (for a year) in England and Wales.

A detailed explanation of how costs are generated during divorce proceedings and how costs can be recovered, this was written by Charles who is an award winning  cost draftsman.