Warning

WARNING


Be sure you hire an agency that can provide the full back-up service and will know what to do if any of the following events materialise:

a) The Respondent spouse fails to accept the papers sent by registered post.

b) The Respondent spouse will only give consent if his/her demands are met.

c) You attempt personal service (by hand) but the Respondent spouse will not accept the papers and/or refuses to give you a letter confirming acceptance.

d) Your Family Law Civil Bill or Affidavit of Means or Affidavit of Welfare has been served on the Court and on your spouse. Your spouse contests the application based on the information you tendered. You now find that wrongful or inaccurate data was submitted due to your lack of attention to detail, inexperience or misunderstanding of what information is sought or needed to satisfy the requirements of the judiciary and the agency assisting you was incompetent or negligent.

e) Your spouse hires a solicitor which changes the court documentation and the court procedure. Has your chosen agency provided you with the necessary documentation to continue and can they assist you with a changed procedure?

f) You require information, documentation and assistance on pension provision:
- You have a pension and you need to make provision for your spouse for a retirement benefit and/or contingent benefit and/or widows and children’s pension scheme.

- You need to make sure that your spouse has no entitlement to any part of your pension. Do not accept a 'nil pension adjustment order" as there is no such thing. To protect your pension an application must be made for a nominal pension adjustment order. Under current legislation the only way to protect your pension against the claim of your spouse is to make a pension adjustment order for a nominal or trivial amount of benefit and then to use another section of the Family Law (Divorce) Act, 1996 to prevent the future variation of the order. You can check this with the Pensions Board or indeed the Law Society.
- What constitutes a pension?
- How are Additional Voluntary Contributions dealt with?
- What about my Income Continuance Plan?
- What about my foreign pension?
- What if the member spouse has changed jobs and no longer pays into it?
- A Pension Adjustment Order has already been granted in Judicial Separation proceedings.
- Your divorce application is deferred until either parties pension is sorted to the satisfaction of the court
- What period constitutes reckonable service? Is it from the date the member joined the scheme or the date of marriage? And is the period to the date of separation or the date of a judicial separation decree or the date of a divorce decree?

g) The Courts require a Section 6 Certificate?

h) The Courts require you to appear before the County Registrar prior to your court hearing?

i) Your spouse lives outside the E.U.

j) Your spouse’s solicitor enters an “Appearance” but no “Defence”.

k) The Courts require additional Affidavits or Grounding Affidavits for various reasons.

l) After serving your Civil Bill your spouse lays down conditions for agreeing to a no contest divorce, etc. Watch out for agencies that supply you with blank pages for you to fill out your income, assets, expenditure and debts and leave you in the dark about what is required to satisy the Courts in regard to proper provision. You have submitted your Affidavit of Means. You are now required by the County Registrar under their new Statutory powers to vouch all assets, income, expenditures and debts. Has your chosen agency misguided you or left you with a lot of explaining to do? Why take the risk of a contested divorce because of insufficient information, poor presentation and a non existent back up service?


Watch out for agencies that offer a service that says all you have to do is sign the paperwork and wait for a court date, they will handle the rest, no need to worry about the information contained in the documentation or about the court procedure.

If you are not involved and actively participating in the preparation of your documents then there is a greater likelihood of misrepresentation of you and your spouse’s circumstances that will ultimately lead to disagreement and conflict. Secondly, you will be questioned about the information and about your procedure by the Judge hearing the case. If you have not actively participated in the compiling of the information and followed the procedure you will be at a complete disadvantage at the court hearing. Remember the agency will not be there representing you. You will be on your own. So it is very important that all information is presented in such a way that you are aware of it and have no difficulty defending it if called on. We provide a proven back-up service comparable to no other agencies that are presently operating in the State. We have clients recommended to us from the Citizen Information Centres, Mediation Services, Court Staff, past clients and even Solicitors. We have assisted many clients who were in difficulties with their documentation and/or procedures and who were abandoned by their agencies because the agencies were incompetent and only quick buck merchants.


Our clients are encouraged and assisted in the manner in which their personal information is handled and with the court procedures so that when they arrive in court, unrepresented, they are aware of exactly what information is required to satisfy the court, know the documents they have signed and handled and have had witnessed by a Solicitor/Commissioner for Oaths, and can confirm on Oath to the Judge on the procedures they have followed. That is why we are the most successful provider of Divorce and Judicial Separation services in the State.

Disclaimer

We are not solicitors nor do we purport to be such and while we provide information on divorce, separation and separation topics we will not provide legal advice or legal opinion.

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