Divorce Procedure

An Overview of the Divorce Procedure in the Republic Of Ireland

  • 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 (Rule 4C 2 Circuit Court Rules 2001)
  • 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.

Court Must Be Satisfied

  • At the date of the institution of 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
  • There is no reasonable prospect of a reconciliation between the spouses, and
  • Such provision as the court considers proper having regard to the circumstances exists or will be made for the spouse and any dependent members of the family.

Service of Documents on Respondent

  • Family Law Civil Bill - setting out the grounds for the application (3 copies)
  • Affidavit of Means – detail income, expenditure, assets, debts etc. (3 copies)
  • Affidavit of Welfare - where there are dependant children (3 copies)
  • Notice of Motion - notice to seek judgement on consent/no appearance
  • 14 Day Warning Notice – if no reply/response from spouse

Other Court Documents

  • Affidavit of Service's - proof of the serving of the Family Law Civil Bill/14 Day Warning Notice/Notice of Motion
  • Certificate of No Appearance/Defence - Respondent fails to reply
  • Other documents as required by different counties (can be supplied)

Respondent Living outside the State

  • A separate application must be made to the Court to serve the Family Law Civil Bill outside the State to a known address. The Applicant will have to attend with the County Registrar to make the application which, must be supported by an Affidavit. If difficulties arise with service out of the country then the Applicant will have to apply to the County Registrar for an order for direction as to service of the Family Law Civil Bill.

Appearance of Respondent

  • Within ten days of receiving the Family Law Civil Bill – enter an appearance(reply) in the Circuit Court, further ten days to file a defence – or as directed by the County Registrar where spouse lives outside the jurisdiction

    If Respondent lodges an apperance/defence other documents will be required, We can supply you with these.

For a Fast, Personal & Discreet Service

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