Divorce is a difficult and emotional process, and it can be even more complicated when it comes to resolving the legal issues that arise. In Ireland, divorce is a legal process that requires a lot of patience and attention to detail. As family law solicitors, we have worked with many clients going through a divorce and understand the intricacies involved. In this guide, we’ll walk you through 5 key elements to qualifying for and navigating the divorce process in Ireland. This deals with a simplified scenario where the parties have agreed the terms of their divorce.
1: Correct Jurisdiction
The parties must satisfy the factual requirement that at least one of them reside or work within the jurisdiction of the court. At Circuit Court level (where most Divorce cases are dealt with) the country is divided into eight circuits, apart from Dublin and Cork the Circuits will cover at least two and up to five counties.
2 : Length of Separation
In Ireland, a couple must have been separated for at least 2 years before they can apply for a divorce. This is known as the “living apart” requirement, and it is a legal prerequisite for divorce. The separation period can be one of the most challenging parts of the divorce process, but it is important to understand that it is a necessary step to ensure that the couple has genuinely irreconcilable differences.
3 : No Chance of Reconciliation
As mentioned earlier, a couple must have been separated for at least 2 years before they can apply for a divorce. This requirement is in place to ensure that both parties have had enough time to consider their decision and that there is no chance of reconciliation.
4 : Proper Financial Provision
A divorce order, whether on terms agreed by the parties or decided by a judge, must ensure proper financial provisions for both parties. This means that both parties should have a clear understanding of their financial situation and what they will need to support themselves after the divorce. This includes dividing any assets, such as property, savings, and investments, and making sure that both parties are adequately provided for in terms of spousal and child support.
5 : Judge Must Approve of Financial Arrangements
Once the financial provision has been agreed upon by both parties, it must be approved by a judge. This is to ensure that both parties are treated fairly and that no exploitation or undue influence is involved. The judge will review the financial agreement and ensure it is in the best interest of both parties and any children involved. It is open to a Judge to refuse to make agreed terms an order of the court.
Alternative Methods for Divorce Resolution in Ireland
In addition to the traditional court process, there are alternative methods for divorce resolution in Ireland, such as collaborative law and divorce mediation. Collaborative divorce involves both parties working with their solicitors to reach a mutually satisfactory agreement, which can be especially beneficial for couples who want to maintain a civil relationship post-divorce.
Divorce mediation involves a neutral mediator working with both parties to help them come to an agreement, which can be advantageous for couples who want to avoid the stress and expense of a court battle. However, in some cases, a divorce in Ireland may still be contested, indicating that one or both parties are unwilling to agree to the terms. It is essential to seek legal advice from experienced divorce solicitors to determine the best approach for your unique circumstances.
Divorce in Ireland FAQs:
- Can I remarry in Ireland after getting a divorce?
Yes, once the court has granted your divorce, you are free to remarry.
- What are the grounds for divorce in Ireland?
Divorce in Ireland is granted on a no fault basis, this can assist in reducing the tensions between the parties as, once they agree that the marriage is over and there is no prospect of a reconciliation, there is no need to get into whose fault it was
- How long does a divorce take in Ireland?
The length of time it takes to obtain a divorce in Ireland can vary depending on a number of factors, but typically it takes between 6 months to a year. It is dependent on whether that parties can agree on terms and also what court circuit the proceedings are issued in. Different parts of the country have different numbers of court sittings.
- How are assets divided in a divorce in Ireland?
Assets are divided based on a number of factors, including each party’s contributions to the marriage, their financial needs and obligations, and the needs of any dependent children.
- Do I need a solicitor to get a divorce in Ireland?
While having a solicitor to get a divorce in Ireland is not required, it’s highly recommended to have legal representation to ensure that the process is handled properly and to help you achieve the best possible outcome.
Divorce can be a difficult and emotional process, but it doesn’t have to be a daunting one.
With the right legal advice and support, it’s possible to navigate the process in a way that minimises stress and achieves the best possible outcome for all involved. If you’re considering divorce or legal separation in Ireland, don’t hesitate to contact Mannion Solicitors.
Our experienced family law solicitors can provide the guidance and support you need to make informed decisions and move forward with confidence. Book your meeting with one of our solicitors today, and let us help you achieve a fair and satisfactory resolution.
