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Getting a Divorce

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A detailed explanation of how costs are generated during divorce proceedings and how costs can be recovered, this was written by Charles who is an award winning  cost draftsman.

I Want A Dissolution - What Do I DO?

A guide to Civil Partnership Dissolution from HMC

FAQ - Republic of Ireland

Some frequently asked questions regarding divorce under Irish Law

Separation Options - Republic of Ireland

Following the breakdown of a marriage, spouses are often left bewildered as to their options and rights. Recent legislative changes however, have greatly increased the number of options open to spouses following marital breakdown. A family law solicitor will go through each option in detail to ascertain which route is most appropriate for them.

Divorce Guide -  Republic of Ireland

Overview

  • 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)

An Uncontested Divorce

A guide to the process (and timescale) of an uncontested divorce.

What if the respondent does not return the acknowledgement of service form?

You would need to request the court to allow the court bailiff to personally serve the divorce documents on the respondent. The court bailiff would then swear an affidavit confirming service, should the respondent still not respond you proceed to the next stage, the application for special procedure whereby you would use the sworn affidavit as an exhibit. You will have to pay the court a fixed fee for this service.

After service you must allow 29 days for the respondent to file a defence (called an ‘answer’ in divorce proceedings) and, if they do not, you can then apply for the decree nisi (the first divorce decree).

What if the petitioner does not apply for the Decree Absolute, can the respondent apply?

Yes, providing 3 months have elapsed and the parties have not reconciled.

If the Petitioner resides in England and Wales and the Respondent abroad; can they still divorce?

Yes, provided one party is either domiciled or habitually resident (for a year) in England and Wales.

21 results - showing 1 - 10
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