- 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)
In order to successfully obtain a Decree of Divorce from an Irish Court, it is necessary to satisfy the Court that:-
- At the date of the commencement of the proceedings, the spouses have lived apart for four out of the five previous years.
- There is no reasonable prospect of a reconciliation between the spouses.
- Proper provision is or will be made for the spouse and dependent members of the family.
In addition, before an Applicant spouse will be granted the Decree of Divorce sought, the Court must be satisfied that either spouse is domiciled in the State at the date of issue of the proceedings or that either spouse was ordinarily resident in the State for one year before the date of issue of the proceedings.
The relevant period of four out of five years must have expired before the issuing of the Application for the Decree of Divorce.
Both the Circuit Court and the High Court have jurisdiction concurrently with each other to hear and determine applications for divorce. At present the majority of applications are made in the Circuit Court as opposed to the High Court. If the assets of the couple are substantial or if there are complicated issues of law or facts involved then it is more likely that proceedings will be issued in the High Court.
A Circuit Court Divorce application can be brought in the County where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.