Before applying for divorce, couples may enter into a settlement agreement. Reached through mediation or negotiation, it can cover issues such as what happens your children, your home, investment properties, pensions, maintenance, etc. This is not mandatory, but it’s very helpful.
Once you have been separated for a year, you can apply to the courts for a decree of judicial separation. Again, this is not necessary to apply for divorce.
You can divorce once you have been separated for two of the previous three years. This includes couples who live in the same home, but are not together as a couple.
Either spouse can apply for a divorce. You’ll need to show the marriage has irretrievably broken down and complete a lot of paperwork – an application form; an affidavit of means and liabilities etc; an affidavit on the welfare of any children; and evidence you have been advised about mediation.
Rosita Boland: ‘You’re single now, but you’ll meet someone,’ the mortgage adviser said
Seán McCarthy obituary: Playwright, author, actor and a major contributor to Glenroe
P.J. O’Rourke obituary: Conservative satirist and political commentator
Arthur Bamber Gascoigne obituary: Popular polymath TV quizmaster
Mediation can help you to negotiate the terms so that the hard work is done outside the courtroom, hopefully avoiding a protracted and expensive legal battle. A family law mediation service is available through the Legal Aid Board, but there is a backlog.
Divorce is easier when both parties consent. If the divorce is contested – meaning there is disagreement on some aspects – more forms are required and the process will often be longer and more expensive.
You do not have to use a solicitor or barrister. It is possible to represent yourself, though not advisable unless everything is agreed.
Costs vary – on average, an amicable divorce is €10,000. A contested one starts at €25,000, says divorce coach Mel Murphy.
