Divorce is not something that people enjoy doing. For every person going through this situation, it will be the most difficult time of their life. It involves child custody, resource allocation, and many more that are much more painful for both parties.
Therefore, maximum couples want to get the separation done quickly. But exactly how quickly can you divorce in Ireland? Well, it takes time as you need to meet certain conditions before you can apply for divorce. And once you are able to apply for the divorce, it will take about 3 to 9 months, depending on the overall circumstances.
So, if you want to know in detail, simply dive into this guide.
What Are the Common Rules for Getting a Divorce in Ireland?
Before granting your divorce, the court will consider the following things and make sure that both you and your partner have met these conditions.
- Before applying for the divorce, you and your husband must live apart for 2 out of 3 years from each other. According to Family Law Act 2019 here, living apathy implies “couples who are living in the same house but not living together as husband and wife or a couple.”
- When the divorce application is made, you and your partner must need to live in Ireland. Or must live at least 1-year before the application is made.
- Both of you must be determined that you are not getting back together, and there are no reasons to get back together as a married couple.
- There should be proper arrangements for the spouse, child, and other dependent members of the family.
How to Apply for A Divorce?
If you met the above conditions to get a divorce in Ireland and now want to regulate matters between you and your spouse to avoid further conflict or trouble, you can either-
Enter Into a Separation Agreement
The separation agreement is a legal contract between the husband and wife that binds the separated parties with regulations. This agreement sets out the terms and conditions between both parties, including their rights and obligations to each other, as well as their relationship. In this process, the terms and conditions are reached through a solicitor.
Apply for a Judicial Separation
But, if both husband and wife disagree on the terms, there is an option to apply for a judicial separation to the court. It is a legal document that confirms that the couple is separated, and they are not obliged to live together as a married couple. In this process, the court also makes orders for child custody, guardianship, or access to the child, and visitation.
Now, you or your spouse can apply for the judicial separation, and whoever applies must submit the following documents to the local circuit court office.
- An application form (Family Law Civil Bill)
- A sworn Affidavit of Means (Form 37A)
- A sworn Affidavit of Welfare relating to the welfare of your children (Form 37B)
- A document certifying that you have been advised about mediation (Form 37D)
- Your original State marriage certificate (available on the Courts Service website or Circuit Court Office)
On the other side, if the divorce case is contested, the other person will need to submit the following forms-
- An Appearance
- A Defense (and Counterclaim, which has similar details to the Family Law Civil Bill)
- An Affidavit of Means (Form 37A)
- An Affidavit of Welfare (Form 37B)
- A document certifying that you have been advised about mediation (Form 37D)
How Quickly Can You Divorce in Ireland?
Once all the necessary documents have been submitted, you and your spouse will be given a date for a court hearing. The hearing will be held in private, and the court may allow you to have someone with you if you wish.
From there, how long it will take to get a divorce, or how quickly can you divorce in Ireland? Well, it totally depends on whether the matter is consent or contested.
Consent Divorce
If you can settle everything from children to finances (if required) between yourselves, the divorce can take anywhere from 3 to 9 months. However, in a consent divorce, still, one spouse needs to apply to the court for the divorce, including serving a Family Law Civil Bill and accompanying Affidavits.
As in this case, there is no prior argument between the two parties and no chance to file a defense by the other party; it will take less time. Here, both parties only sign the terms of consent and take their matter listed before the judge.
Contested Divorce
On the other hand, if the matter is contested and both parties can’t agree on the agreement, it could take substantially longer to complete.
Once a defense and counterclaim have been filed, the county registrar will fix a date for a case progress hearing. This hearing will determine the outstanding issues and make sure your case is ready for a trial date.
There are some other issues, for example, obtaining financial information from the other party and may require your spouse to present relevant information in court petitions can delay the case. Therefore, to resolve all or some of the issues, negotiations and discussions may take place anytime before the trial date.
And once the case proceeds to trial, the court may call experts like auctioneers, accountants, and pediatricians. In that case, the longer and more contested the case, the longer time it will take. However, a contested divorce may take anywhere between 9 months and even 2 to 3 years to complete.
What’s the Quickest You Can Get a Divorce?
There are many issues involved in a divorce, so no one can guarantee you a quicker settlement. But you can at least avoid raising unnecessary complications by hiring a divorce lawyer in Dublin, which will ultimately help you to progress your case quickly. That way, you can get your degree faster than you do yourself or without the help of a solicitor.
Last Thoughts
We all know that marriage is a legally binding contract that brings certain rights for two people. And when it comes to separation, a decree of divorce can dissolve that contract by terminating certain rights.
But getting a divorce is not that easy; the case is usually dependent upon a number of factors, and among these, some are entirely outside your control. For example, the cooperation of your spouse, the availability of judges in Ireland, the number of cases pending at a particular time, and many more, which naturally takes time to get the divorce.
So, we have shared the basic things for getting a divorce and how quickly can you divorce in Ireland in this guide. We hope, now, you have an idea about the time span.
For any further queries, you can contact us or leave a question in the comments section below.