If a marriage has gone beyond the point of reconciliation, and one or both partners has made the decision to divorce, the question of how to proceed will arise. In Ireland, as long as at least one partner has lived in the country for at least a year, a married couple can divorce if certain circumstances apply.
Living apart for at least four years out of the five year period prior to filing for divorce. This does not necessarily have to mean living in separate properties, but must involve living independent lives and not sharing sleeping space.
No prospect of reconciliation. It must be seen that there is no possibility of the spouses being reconciled or working through their difficulties to remain married.
Provision for dependents. The courts must be satisfied that the spouses and any children will be properly provided for in the case of divorce.
What Happens When You Get A Divorce?
The first thing you should do when you decide to seek a divorce is to take legal advice from an experienced solicitor. Legal aid may be available to you, but if not, if your divorce is not contested, it may end up costing you around €1200. This cost could be significantly higher if your spouse contests your divorce or if there are complicated issues concerned. You may want to represent yourself, without engaging legal action, but take care as this could leave you vulnerable to legislation you do not fully understand, and this may put you in a difficult position in the future.
More difficult or lucrative divorce cases will be addressed by the High Court, but most people will apply for their divorce via the Circuit Court. This is a long process, and it may be many months before your case is heard. In the meantime, you should ensure that you apply for interim orders to include maintenance payments and custody agreements, as well as an order detailing who may live in the home at this time. If you can work this out amicably between you, this will save you both a great deal of stress.
Work Together For An Amicable Divorce
Anything that you can resolve with your spouse outside of the courts will save you both money and potential upset. If it is possible, discuss what to do with the home you have shared, considering whether you will sell immediately or whether one spouse will remain in the home with any children until the youngest reaches the age of 18. If you have children, you may be able to agree on a custody arrangement that suits all of you. However, if you cannot, the Court will make custody rulings and consider maintenance payments to protect the interests of the children.
At the end of the divorce proceedings, the Court will make a ruling that takes into account everything that has been discussed. A divorce will be granted and the details will be agreed upon by all parties, who will then be legally bound to uphold their agreements. This should create a plan for moving forwards that allows all parties the best opportunities to succeed in the future.
Talk To Family Law Solicitors in Cork
Contact Irwin, Kilcullen & Co Solicitors for a free consultation without obligation and benefit from our expertise in family law. Simply contact us online or call us today on +021 4270934 to talk to our experienced and helpful team.