Divorce is a legally binding settlement or court order were married spouses separate and choose to live apart. A divorce should provide a long-term permanent solution to matters such as;
- Child custody
- Child access
- Child maintenance
- Spousal maintenance
- Property settlement
- Pensions
- Succession rights
- Debts, loans and mortgages
Divorce Settlement
A divorce must be obtained in either the Circuit Court or High Court (usually Circuit Court). A divorce settlement may be reached before court in which case the settlement is presented to court for approval and a court order in the terms of the divorce settlement usually follows such approval.
Divorce Hearing
If a divorce settlement cannot be reached then the matters in dispute in the divorce case must be heard before a judge and the judge will decide. Johnson and company solicitors are very experienced in handling such divorce settlements and application.
Divorce Appeal
If a circuit court to force case is decided and you just disagree with the judge's decision you make appeal the decision to the High Court.
Am I entitled to a divorce?
If you have lived apart from one another for a period amounting to two out of the previous three years before the application is made,. The marriage has broken down irretrievable and there is no reasonable prospect of reconciliation you are entitled to apply for a divorce. When applying for a divorce the law in Ireland does not require either party to prove that the other party was at fault in the marriage breakdown.
Where to get a divorce
Johnson and Company Solicitors are an experienced and approachable firm of solicitors who are happy to discuss missing of the means of obtaining a divorce in as quick and efficient manner as possible. Johnson and this Johnson and company solicitors can onto that Johnson and Company Solicitors can represent you in court in your divorce case and can negotiate the best divorce settlement for you. Johnson and Company Solicitors can file the necessary papers necessary to obtain the divorce in court.
Divorce Discovery
A common feature of all divorce cases is the requirement for both parties to make a full disclosure of their financial assets and liabilities. As detailed on the Affidavit of Means. This requires in a divorce that you usually must provide at least 12 months copies of statements of at least 12 months bank statements investments Visa card statements credit card statements loan statements and sometimes up to 3 years statements are required.
Affidavit of Means
Affidavit of Means is a document required by to be sworn by each party to a divorce and it must accurately and truthfully set out the persons current income, current assets, current liabilities, current monthly expenditure and a valuation of any pensions. The Affidavit of Means for a divorce case must be filed in court the commencement of the court application and it must be updated a number of times during the case. In a disputed Divorce court hearing the Affidavit of Means is usually the main area of dispute.
Affidavit of Welfare
If there are children of the relationship as well as an affidavit of means, an affidavit of welfare must also be sworn by each party to the divorce and this document in a divorce case must set out details of the arrangements for the children of the family, home details, details of education and training, details of childcare, details of maintenance, details of contact with children, details of health, details of care and other court proceedings.
What is a wife entitled to in a divorce in Ireland?
Both a wife and the husband are entitled to apply for a range of orders from the court as part of an application for divorce. These include maintenance, lump sum payments, property adjustment orders and pension adjustment orders. Whether either is spouse will be successful in their application for these so called ancillary orders will depend on a number of factors which a court will take into account before making any such orders.
These factors include;
- The age of the parties
- The employment status of either of the parties
- Assets owned by the parties either jointly or separately owned
- Debt or liabilities of the parties
- The age and number of the children of the marriage if any
- The length of the marriage
- The extent to which either party may have sacrificed career progression to benefit of the other party
- The health of the parties
- The likely career progression of the parties until retirement
- The size of any pension owned by the parties
How much does a divorce cost in Ireland?
For a contested judicial separation or divorce, fees can be anywhere from €7,500 upwards of €20,000. Where your matter will fall on the scale depends on the complexity of the family finances and how willing both parties are to compromise their position on custody, money and the family home.
For a consent divorce the fees can be less than €2,000 if both parties agree to the terms of the divorce at an early stage.
Who pays for a divorce in Ireland?
In most cases each party is separately represented and each pays their legal fees. In some cases where one of the parties has caused court time to be expensed unnecessarily, a judge can order that one party pay for the other sides legal costs unnecessarily incurred.
What happens if one spouse doesn't want a divorce?
If your spouse won't engage in your divorce, then your only option for obtaining a divorce will have to be to go to court. Mediation will be unproductive because your spouse is unlikely to participate. Eventually, though, the judge will grant you a divorce by default. The courts will not permit one side the be frustrated in their effort to obtain a divorce if the basic requirements of living apart cab proven. Obviously in granting a divorce in such circumstances the court will seek to involve the uncooperative spouse to participate. It is likely that the participating spouse will obtain terms of the divorce that are favourable to him or her. However, the court must have regard to the factors outlined above when deciding upon the ancillary financial orders. All of this will take time and cost money.
Can you get a quick divorce in Ireland?
A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the quickest and simplest form of divorce. If the parties agree on terms for the divorce it is possible to apply for a consent divorce. However, the judge hearing the application for a consent divorce must consider how the children of the marriage will be affected.
A judge must ensure that the children of the marriage are adequately provided for financially and emotionally from the means and assets of the spouses. If a judge considers that any of the children are not being adequately protected then the judge may refuse to grant the divorce.
