Divorce in Ireland
Are you heading for a divorce? You should rethink that’s what everyone says, right? But this one line doesn’t do any good, and that’s why let’s skip it. You may already have separated from your spouse. Yet the ceaseless mental exhaustion must be killing you every day. So you must have finally decided to take a divorce. But do you know, in Ireland, you can dodge those court inconveniences through some other ways. too? Let’s find out!
Ways to end a marital relationship
There are three ways of getting a divorce in Ireland. You can get legal separation taking your marriage rules into consideration through:
- Judicial separation
- Separation agreement
There is a 4th alternative to end a marital relationship called ‘the decree of nullity.’ In this situation, the court decided on the marital relationship of a couple in the first place.
But don’t forget. This isn’t the same as a divorce or a separation. Why? Because the terms mentioned above are only for couples who are legally married!
Divorce is a confirmation from the court through legal papers. The confirmation dissolves an existing marriage on some rules and conditions. Divorces allow the people then committed in the marriage to remarry if they want to.
Divorce requires a judicial hearing. And to do that, and you must appeal for a decree of divorce to the court(circuit court or a high court).
Like divorce, judicial separation also occurs after the court has granted a decree of judicial separation. But, this doesn’t dissolve the marriage, only exempts the couple from living together. And hence the couple stays legally married until they further proceed towards a divorce.
It applies if you and your spouse come to a mutual agreement. The agreement means you impose conditions on one another while you live singly. In this case, you are opting for a ‘separation agreement’. Separation agreements are not based upon judicial decisions unlike divorce and judicial separation. But the paper works are still mandatory. The lawyers do that for you. How can you go for a separation agreement? It can happen with the help of family law specialists, lawyers. Also, collaborative lawyers, divorce solicitors or mediators can help. The most common ways of separation agreement are:
- Collaborative practice
- Divorce solicitors
Mediation is a free service from the Legal Aid Board in Ireland. The board attempts to sort disputes between couples. We are talking about couples who opt for a judicial decree of divorce on their respective conditions and demands. The Legal Aid Board is not a marriage counseling institute or a legal advice service. The board consists of a group of mediators. The aim of the group is to help mitigate the mess of divorce for people who decide to drag things to court.
Collaborative Practice and Family Law Specialists
Collaboration practice refers to the opportunities of working with several law specialists together. The law specialists try to negotiate the prime issues of separation agreement. This way the couple can part their ways without getting into judicial confirmation.
In this collaboration process, many lawyers work in a team. The team involves family law specialists, trained and certified financial professionals. But, both parties have to sign a contract which will stop all future family-related cases. It means your lawyers won’t be able to represent you in any family-related case in the court in future. With this promise, the both parties need to seek help through collaborative practice.
You can choose an individual private family law specialist to deal your case. Also, you can contact FLAC, who operates a huge network of legal advice clinics for the best of lawyers.
If you can afford to pay much, you should go for the private solicitors’ option to negotiate with your spouse. Since divorce is not a joke seeking the best solicitor is of paramount importance. And for that, divorce solicitors in Dublin can come to your rescue. But if you are in a financial crisis, don’t worry. Free legal service centres are at your service. The free legal service of Ireland appoints you a solicitor for free if your annual income is below €18000.
Costs of an Irish Divorce
The costs may vary to a great extent from case to case. The expenditure will dependent on the complexity of the case based on:
- The custody of a child
- An immense lack of agreement between spouses
- The urgency of the matter
- The numbers and authenticity of legal documents
Rules for an Irish Divorce
An Irish court grants divorce on the following grounds:
- Your solicitor must submit the legal documentations before appealing for a divorce. These documentations would show whether you tried counselling or meditation beforehand
- There mustn’t be any scope of reconciliation between the spouses
- The couple must stay on their own for 2 years before the court starts the proceedings
- One of the spouses must be a resident of Ireland. Or, one of the couples must have stayed in Ireland for at least one year before the court proceedings.
- You must provide your spouse and children with proper facilities.
- A state marriage certificate to prove the existence of marriage between the couple
- Only after you meet the above requirements, the court will grant a divorce.
Divorce in Ireland may sound a little terrifying like everywhere else. You need help from experts, and you may consider talking to family law solicitors in Dublin. Here, we tried to compile all the relevant information you need to know to get started.