First Steps to Divorce in Ireland

Starting your Divorce/Separation

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When starting on the road to dissolving a marriage, there are several factors to consider which make a single solution for all not possible:

1. Do you have children, and if so, what ages are they?

2. Do you work and have an income, or are you disabled?

3. How many joint assets are to be considered?

4. Are there joint assets which are inherited?

5. Do you make your living from the joint asset?

Therefore, dissolving a marriage is not about a 50/50 split. It is about considering all the factors which can complicate the process. Finding the right Solicitor is extremely important; this step may determine your final outcome.

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Finding a Solicitor

If you are on a low income, contacting the Legal Aid Board (IAB) is a must. Currently, their website defines some limits and allowances, which may mean that you could be a suitable candidate for legal aid (See www.legalaidboard.ie).

Once you have engaged with the IAB, you may be given a solicitor or list of solicitors who will work under the scheme. In the case of a choice, study the list and check out their website.

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Choosing your Solicitor

This is a long process, and you must have a good working relationship with this person. Hence, it may be the case that you see 2, 3, or maybe even four solicitors before you find the right fit. A great solicitor is one that you trust will act in your best interests. Whether you are seeking the dissolution of the marriage or have been served with separation/divorce/custody papers, you will need to go through the same initial steps. Some women may find it beneficial to bring someone with you for support, but also may forget what was said. However, you must ask the solicitors permission to have another person present as there may be confidentiality issues. If you think you might forget important information which will be asked of you, take notes.

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Meeting your Solicitor

Several questions are the norm when first meeting your Solicitor. In an effort to save time, it may be beneficial to write down the following information as it will be asked for:

1. When did you meet and how?

2. When did you get engaged?

3. When and where did you get married?

4. Where do you live?

5. Is your partner still residing in the home?

6. What arrangements are in place if your partner still resides in the home?

7. Who owns the house, and is it mortgaged? Who pays the mortgage?

8. Do you have children, and if so, what are their PPS numbers?

9. What are the current childcare arrangements?

10. Where do your children go to school?

11. Where do you work and what is your approximate income?

12. Where does your partner work, and what is their approximate income?

13. Are you aware of any other income?

14. Have you joint properties, and if so, where are they?

15. Have you discussed or tried mediation and/or counselling?

 

Also:

If you are a victim of domestic violence or coercive control

1. Have you reported this to the Gardai, and if so, what are the Pulse Numbers?

2. Have you interacted with Tusla, and if so, who is the social worker in charge of the case?

3. Do you currently have a protection order/safety order or barring order in place? If so, when and where were these granted?

In preparing these answers, you can ensure that your Solicitor has all the relevant information they need on file. Therefore, you can move more efficiently to the next stage of the process, planning your separation /divorce.

 

Domestic Violence

Many women do not disclose until the legal process has started that they have been victims of domestic violence. In Ireland, there is a tendency to keep this a secret in an effort to save face. Nobody wants to admit that their marriage is not working or they do not have the perfect “Instagram Life”. In an effort to make sure your narrative is heard, the following steps are helpful:

1. Set up a private email account and send yourself emails to document everything.

2. If children are involved, keep note of what childcare you did during the day, including chores for the household. Keep note of pickup/drop-offs and bedtime routines.

3. Reach out to the Gardai for help in this situation. While they may not be able to do anything for you immediately, they will have all the contacts for local women’s support services in your area.

4. Mind your mental health. This is a hard and long process; seek support from support groups and reach out to your GP for counselling referrals.

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During the Consultation​

During the consultation, not only will you be providing information to the Solicitor, but the Solicitor may also be asking you to do the following:

1. Consider undertaking mediation with your partner. If not already completed, the Solicitor will ask if you are willing to take part in mediation in an effort to resolve the dispute. You know your partner better than anyone. You will know if this is the right option for you. If you think mediation is a suitable option, it is a cost-effective way to avoid lengthy wait times and the considerable costs of involving the court system in this process.

2. Consider the custody and access arrangements for the future

   • If you have children, you will be provided with a template of an affidavit of welfare that must be completed.

3. Complete an affidavit of Welfare

   • This template consists of questions relating to the details about your children. The questions include: Where they go to school, their ages, PPS numbers, childcare arrangements and if they have any special needs. When your partner engages with a solicitor, your partner will also be required to complete the same template.

 

This document is confidential and must only be shared with your Solicitor.

1. Complete an affidavit of Means

   • This template consists of questions relating to the details about your finances. The questions include:

2. All incomes, outgoings, pensions, assets and debts.

3. All information provided in this document must be vouched. This means that all information must be supported by statements (e.g. 6 months of bank, mortgage, phone, bins, TV subscriptions etc). The final document will be the affidavit plus the supporting evidence, which will need to be sworn (i.e. another solicitor will sign in your presence to make it a legally binding document)

4. When your partner engages with a solicitor, your partner will also be required to complete the same template. This document is confidential and must only be shared with your Solicitor.

 

After your Initial meeting with the Solicitor

Hopefully, after your meeting, you will have a plan of action.

• Your response letter should have been discussed if you were the one served.

• If you are the one seeking the dissolution, the letter you intend to send your partner to make them aware of your intentions.

Coming away from the meeting, you should have a clear picture of the next step. Remember, this is a very long process, so knowing your plan one or two steps in advance is a good idea. Any more than that, you can be completely overwhelmed.