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Family Law
Divorce Solicitor
Local Solicitor have an experienced Divorce Solicitor on hand to assist you with your Divorce. We understand that dealing with family matters is a stressful situation. We provide practical advice and sensible solutions to help reduce the stress levels involved.
Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership.
To obtain a divorce, you must have lived apart from your spouse for a period of at least 2 years during the preceding 3 years. Living apart usually means living in separate homes however, it is possible to live apart while sharing the same home. The court must be satisfied that there is no reasonable chance of reconciliation between the spouses.
Only a Judge can grant a divorce and therefor it is necessary to make an application to the court. This done by issuing what is known as a Family Law Civil Bill.
This document describes both you and your spouse, your occupations and where you live. It also sets out when you married, how long you have been living apart for and the names and birth dates of your children.
Local Solicitor can assist you in the process and draft the additional papers required such as the Affidavit of Means. This document is a statement that sets out your financial position, for example, your assets, your income, your debts and liabilities and your outgoings. This will have to be vouched unless its contents are accepted by your spouse.
Local Solicitor will also be able to draft an Affidavit of Welfare. This document sets out the personal details of the children of the marriage. It describes where they live and with whom. It also describes their education and training, their health, any childcare arrangements and maintenance and access arrangements.
Local Solicitor can provide a certificate that you have been advised about mediation. This is signed by Local Solicitor.
You will need to produce your original State marriage certificate. You may need to provide an official translation if your marriage certificate is not in Irish or English.
If the divorce is contested additional documents may need to be filed with the Court Services before a hearing date will be given by the Court Services, such as an affidavit that proceedings have been served on any relevant pension trustees and notice to fix a date for trial.
Court hearing are held in private. If the court decides you have grounds for a divorce, it will grant a decree of divorce. This means the marriage is dissolved (officially ended) and you are free to remarry.
If you and your spouse fully agree on the terms of your divorce, the procedure for applying for the divorce is different.
One of you must still be the applicant and the other the respondent. You must still meet all the rules for getting a divorce in Ireland.
The applicant submits the Family Law Civil Bill. The respondent confirms the application form. Either you or your spouse (whomever did not submit the application form) must confirm to the court that you received a copy of the application. You must also consent to the application and, if relevant, any orders it contains. If you (the respondent) do not wish to attend the hearing, you must confirm this on affidavit.
Both parties must provide an Affidavit of Means and an Affidavit and an Affidavit of Welfare if you have dependent children.
The applicant should then submit a Notice of Motion and Affidavit. If you and your spouse are in full agreement about the divorce, you must submit a Notice of Motion requesting that the court considers and rules on your application. You must include an affidavit confirming that you have followed the rules for getting divorced, as well as outlining the final agreed terms.
The length of time it takes to get a divorce depends on the complexity of the case. If there are a lot of assets and/or children/ the application is contested it will take longer to obtain the divorce.
Once the divorce is granted the marriage is dissolved. It does not mean that the person’s right to Guardianship has ended where there are children involved. The court may make what are known as “ancillary orders” in relation to the division of any property owned by either of the spouses.
When making the ancillary order the court will try to ensure that such provision exists or will be made for each spouse and any dependant member of the family as is proper considering all the circumstances of the case.
The court will consider the following before making any ancillary order:
- Income, property, earning capacity of either spouse
- Financial needs and responsibilities
- The standard of living enjoyed by the family before the separation
- The age of the spouse
- The contributions made by either spouse
- Accommodation needs of either spouse
- Any physical or mental disability of either spouse
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.
What else can our Divorce Solicitor help you with
Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership. To obtain a divorce, you must have lived apart from your spouse for a period of at least 2 years during the preceding 3 years. Living apart usually means living in separate homes however, it is possible to live apart while sharing the same home. The court must be satisfied that there is no reasonable chance of reconciliation between the spouses.
When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party.
A separation agreement is a binding contract between spouses and usually contains the following terms:
Civil partnerships are partnerships which can be registered by two persons of the same sex. A court can grant a decree dissolving a civil partnership where:
Once a Civil Partnership has been registered each of the partners acquires rights, including:
A parent or legal guardian, whether married or not, can apply for maintenance from the other parent for their children. A summons is issued in the District Court by a parent seeking maintenance from the other parent.
Guardianship describes the legal responsibility of parents to make decisions and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.
Fathers and others who have been appointed joint guardians by a court or by statutory declaration can be removed from their position if the court is satisfied it is in the child’s best interest.
Custody refers to the day-to-day care, residency and upbringing of children who are regarded as dependent children. Dependent children in custody matters are children who are under the age of 18. In cases of judicial separation or divorce, one parent is usually granted custody.
Access refers to the right of a child to maintain direct contact with the parent with whom the child does not reside. It can include the child staying overnight either occasionally, on alternate weekends or during school holidays and for the parent and child going on holidays together.
A Protection Order can be made by the court where it considers that there are reasonable grounds for believing that it is required for the applicant’s safety or welfare or that of a dependent child. The order can be applied for when applying for a safety order.
