Frequently Asked Questions

Who can apply for a divorce?

Anyone who meets the criteria set out in the procedure page and where either of the parties is domiciled in Ireland or has been ordinarily resident in Ireland for at least 12 months.
 

How long do I have to be living apart from my spouse to apply for a divorce?

You and your spouse must have lived apart from each other for a period of, or periods amounting to, a least four years during the previous five years.  This does not necessarily mean that you must have lived in separate properties.
 

Do I need to have a separation agreement or a judicial separation?

No.
 

Do I need my spouse’s consent to apply for a divorce?

No.
 

Can I apply for a divorce if my spouse lives abroad?

Yes. However, if your spouse lives outside the EU you must apply to court, before you issue the Family Law Civil Bill, for leave to issue and serve the necessary documents outside Ireland and for directions as to how you must serve them. This will require some additional paperwork.   See pricing page for additional engrossing fee.
 

Can I apply for a divorce if I was married abroad?

Yes.
 

Can I apply for a divorce if I am resident abroad?

Yes, provided either of you are domiciled in the Republic of Ireland or that your spouse has been ordinarily resident in the Republic of Ireland for a period of one year prior to the commencement of the proceedings.
 

How long does the process take?

This is dependent upon a number of factors some of which are entirely outside of your control.  These factors include; the co-operation or otherwise of your spouse, the availability of judges in your particular county and the volume of cases being processed at any particular time.
 

Do I have to do an Affidavit of Means?

Where financial relief is sought the Applicant must file an Affidavit of Means. However, most Court Offices insist on an Affidavit of Means being filed irrespective of whether or not financial relief is being sought.
 

Do I have to attend the divorce hearing?

Yes
 

Are there any Court fees?

At the moment the Courts do not impose any charges in Family Law Cases.
 

Do I need to produce my marriage certificate?

A State marriage certificate (a church certificate is not acceptable) must be produced. Copies are available from the General Register Office phone: 1890 252 076 or www.groireland.ie. Where the certificate is not in Irish or English, you will also have to produce a translation.  This translation will have to be verified by the translator on affidavit.

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