This is usually the first question a client asks when enquiring about their divorce. It is a difficult question to answer as it depends on many factors but in short it will come down to whether or not the matter will be contested by the other party and where abouts in Ireland the client is based (as the lists for hearings depend on the Circuit).

There are usually multiple issues to address when a couple separate, such as children, finances, pensions and property.  If the couple have agreed the terms on their separation one spouse will need to instruct a Solicitor to draft a Civil Bill (the Divorce document) and the accompanying Affidavits and to apply to the court so that these papers can be filed and served upon the other party.  Where there is such agreement, this is known as a Consent Divorce and the other party will not file a Defence.  The respective Solicitors will draw up Terms of Settlement and the matter will be listed before a Court.

If the terms of separation cannot be agreed, this is known as a Contested Divorce takes longer to complete.

It is imperative that you engage a good family law solicitor to manage these matters for you and ensure that not only is the matter progressed efficiently and as quickly as possible but that you do everything to get the result you want.

The house is most often to the forefront of a client’s mind when they book a consultation following the breakdown of marital or cohabitation relations.

As mentioned above, in a consent divorce where the parties can reach an agreement as to how to divide their assets including the family home, this can be decided upon by the parties who can then draw up the Terms of Settlement to reflect this.  We would then usually seeking a Ruling Agreement whereby we would ask a court to approve these Terms of Settlement.  Where this is not the case and the divorce is contested, there are many factors which will be considered:

1. Who will the children live with?
2. What were the parties respective monetary investments to the property?
3. What other contributions did each party make towards the property?

Where the matter is not agreed and it is a contested divorce, the court can make the following orders:

1. Sale of the home and the proceeds of this sale are then split between the parties (these proceeds can be divide in differing ways such as 50/50, 80/20 etc…)
2. Property Adjustment Order – this occurs where one of the parties interest in the home is transferred to the other party;
3. Deferred Property Sale – this can occur when there are young children involved

Each Party will bear their own costs and these can range from €4,000 plus Vat to more depending on whether or not the divorce is contested and what is involved such as a family home, pensions, children. We pride ourselves on being extremely competitive when it comes to pricing as we feel that everyone deserves legal representation and assistance with these matters.

You do not have to use a solicitor or a barrister when getting a divorce. If you wish, you can represent yourself and there are companies offering what is now termed “DIY Divorce” However we have had clients who have managed their own divorces and due to the complex issues that are involved there are often mistakes made in respect of the division of pensions or situations whereby the parties where not fully advised or aware of their rights under the legislation and agreed to terms that were not favourable to them.

Will my husband be entitled to my savings or pension?

The Irish Constitution dictates that “proper provision” is made for all parties involved upon Divorce.  There are certain criteria that the court will use when deciding what exactly such proper provision is, this criteria includes the following:

1. Each Parties income and earning capacity; what property and other financial resources such as savings and pensions each party has or will have in the future;
2. Each Parties needs, responsibilities and obligations at present and into the future;
3. Contributions made by each party towards the family’s welfare – these can be financial or caring for the family
4. The Length of time of the marriage;
5. What the parties standard of living had been prior to the marital breakdown;
6. The age and health of each of the parties
7. Any accommodation needs of the parties such as providing a second home for the family
8. We have a no fault divorce policy in Ireland but should either party behave in such a way as to make it unreasonable for the court to disregard such behaviour this will also be looked at by the court
9. the rights of any other person other than the spouses but including a person to whom either spouse is married

No. A Decree of Divorce can only be awarded by the courts in Ireland

Mediation is always the recommend first step where there is a marital breakdown but if there is no possibility of mediation a good family law solicitor should be your next contact.

A court must be satisfied that the following criteria have been met:

1. The parties have been living apart for a period amounting to 2 out of the last 3 years;
2. There is no reasonable prospect of reconciliation;
3. Proper Provision has been (or will be) made for each person, dependents and children (as discussed above)

‘Living apart’

This does not necessarily mean that you have been living under separate roofs. Although you may remain in the same dwelling the parties must be in a position to show to the court that you have been leading separate lives.