Getting a divorce is a difficult time in everyone’s life, and it becomes even more difficult when the decision to end the marriage is not your own. Divorce can often be unexpected, and the most unfortunate part is even the most amicable divorce can sometimes be contested.
When a spouse refuses to sign the divorce papers, disagrees with divorce terms, or tries other methods to postpone the divorce, the process can be even more frustrating. If this is your case, then what do you do now? Do both parties have to agree to divorce in Ireland?
Well, in this guide, we will discuss this. To discover more, read on this guide.
What Happens If One Party Does Not Agree To A Divorce?
If one party refuses to consent to the divorce, the other party can still file the divorce and proceed with the initial petition as this doesn’t require consent from both parties.
However, the process can be delayed and definitely get more complicated, but states do not force one person to continue the marriage when another person doesn’t want the divorce. You just need to follow the proper legal procedures, and you will get what you are looking for.
Do Both Parties Have To Agree To Divorce In Ireland?
No, there is no need for both parties to agree to get a divorce in Ireland. The other party can’t stop the divorce just by refusing to sign the papers or delaying the process.
If your spouse disagrees about the details of the divorce, you can file for a contested divorce. In this case, you need to make sure that you have the grounds to get the divorce. If any of the following reasons occur in your married life then the court will grant your divorce.
- Unreasonable behavior
- The opposite party has deserted the applicant for 1 year.
- The couple has been living separated for 1 year.
- 3 years of separation.
- There is no normal marital relationship between the husband and wife.
How Do You Get A Divorce When The Other Party Refuses?
Next, to file the divorce application you will need to submit the following papers or documents to your local Circuit Court office.
1. A Family Law Civil Bill
It includes all the information about you and your spouse, like occupations and where you live, when you married, how long you have been living apart, and children’s names and birth dates.
2. An Appearance
This document indicates the opposite party’s intent to challenge the divorce petition (or any other part of it).
3. A Defense
It opposes anything contained in the Family Law Civil Bill and even determines what your spouse claims to be entitled to.
4. An Affidavit of Means (Form 37A).
This document sets the financial position including, all the assets, income, outgoings, debts, and liabilities. Unless the other party accepts its terms, this document must be vouched (proving that all the information is true with documents).
5. An Affidavit of Welfare (Form 37B)
In this document, all the personal details of the children are set out, including where they live, with whom, education, training, health, childcare arrangements, maintenance, and access arrangements.
6. Notice to Trustees (Form 37C)
It notifies the trustees about relevant pensions schemes and includes the pension details against which relief has been claimed.
7. A document certifying that you have been advised about mediation (Form 37D)
If you want a solicitor to represent you, you will need a document stating that you have been advised of mediation.
You will get all these forms on the Courts Service website and from your nearest Circuit Court Office.
You may need to file some additional documents before the date of the hearing, for example, an affidavit stating that proceedings have been served against any relevant pension trustee and a notice to fix a date for trial.
In some cases, getting a divorce is possible without mutual consent, even if the reasons are required. If a party can prove in court that the marriage has broken down irretrievably, and it is unlikely to be reconciled in any way, then mutual consent is not required in case of divorce.
But, obviously, the process can be a bit complicated, time-consuming, and even expensive. If you require help just because your spouse is not signing the divorce papers, it will be better to talk to a divorce lawyer Dublin who can guide and assist you.
So, do you have any further questions regarding do both parties have to agree to divorce in Ireland? If so, feel free to contact us or leave your questions below the comment section.