Getting a Divorce
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.
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.
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)
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).
Yes, providing 3 months have elapsed and the parties have not reconciled.
Yes, provided one party is either domiciled or habitually resident (for a year) in England and Wales.