When you file for a divorce in Ireland, you must meet three main conditions for it to be granted. They must have lived apart for four years on the day the court proceedings begin, there is no chance of both reconciling and proper arrangements being made for the wife or husband and dependents. As long as you have completed four years of being separated, divorce proceedings can be started. To show that you were separated for four years, you must fill out a document called a “Family Law Civil Bill” where you must indicate the date of your marriage and the date you separated. You will be asked under oath to validate this claim when you are in court.
Other documents you must submit are Form 37A, an affidavit that includes your assets, income, debts, liabilities, and expenses, Form 37B, another affidavit that reports where your children live, who supervises them, their school history, health status, child support, access and childcare arrangements, and finally Form 37D, a document sworn by an attorney and certifying that you know of other alternatives to divorce including reconciliation, separation, and mediation that must be sworn by a heretor Sun. Upon submission of these documents to the court, a date will be identified for a private court hearing where you will need to show that you have met the requirements of the Family Law (Divorce) Act 1996. After a thorough review by the court and if they are satisfied with the results, they will then grant a divorce decree.
If you are a resident of Ireland but got married abroad, you can still get a divorce in Ireland. If your spouse is resident in the EU except Denmark, she can still file for divorce. However, it is important that you know where your spouse lives. You only wait 35 days for your spouse’s response and another 28 days for the other party to present a defense.
If your spouse fails to meet any of the judge’s conditions, such as child custody, child access, and child support, they must go to court to take further action and inflict any necessary sanctions or punishments as prescribed by law. Always remember to have a lawyer with you in court proceedings. Although it is not necessary to have a lawyer represent you at such hearings, it is still advisable to have one because issues will arise that will require legal expertise to resolve. Taxes, insurance and property are concerns that must have fair resolutions and it will be a Lawyer who can negotiate and fight for her rights in such legal battles.
Divorce can be traumatic for ex-spouses, their children, and their family. Heated arguments will always arise because emotions run high. That is why it is best to have a lawyer for both the wife and the husband to represent them because they are experienced in these matters and are in the right frame of mind to deal with the issues that need to be addressed.
