Frequently Asked Questions
- Who can apply for a DIY Divorce?
Anyone who meets the minimum legal requirements – that you are separated 4 years, one party is resident in Ireland for the last 12 months and that there is no prospect of reconciliation.
- Do I need to have a separation agreement?
No – but you must be able to satisfy the courts that you have been separated for 4 of the last 5 years.
- Do separate bedrooms constitute living apart?
Yes and No. Separate bedrooms is one of several factors considered when determining if a couple are living separate and apart from one another. Other factors include operating separate bank accounts, separate tax returns and not sharing meals etc. The most important factor is whether the decision to remain in the same house was one of necessity or one of mutual convenience.
- Do I need proof that I have been separated 4 years?
In most cases this will not be necessary. However, in circumstances where you and your spouse continue to reside in the same house its possible the courts may look for some proof.
- What does my Spouse have to do?
Very little. Any documentation required by your spouse will be prepared by Easydivorce and all they need to do is sign. They are not required to be present at the Divorce hearing, but we always recommend that they do so if possible.
- What if my Spouse ignores the proceedings?
Not really an issue – it will however, result in a longer process. In most instances a judge is happy to grant the divorce subject to all correct procedures being followed. However, in exceptional circumstances they might subpoena a spouse to appear in court.
- Can my spouse object?
Yes – but this should not prevent you in obtaining a divorce. However, it is likely to lengthen the process considerably.
- What if my spouse lives abroad?
You can still obtain your divorce provided you know where your spouse lives. This may require some additional paperwork such as an Ex-Parte Docket and Grounding Affidavit. In the event that these are required, Easy Divorce charges an additional fee of €75.
- Can I get a divorce if I was married abroad?
Yes – as long as you are resident in Ireland. However, you must have an original marriage certificate. If the marriage certificate is in a foreign language it must be translated by an official translator – normally this costs in the region of €50.
- What if I do not know where my spouse lives?
Normally Easy Divorce will only process applications where the address of your spouse is known. If you are unable to locate your spouse please contact us and we can discuss the best approach to take. If you cannot locate your spouse the process can take considerably longer and will potentially have additional cost.
- What court will the divorce application be heard in?
In most circumstances the court will be the circuit court in the county where the applicant normally resides or is employed.
- How long does it take?
The entire process should not take longer than 4 months – and possibly quicker. This really dependes on a number of factors such as if your spouse consents to the divorce, court availability and where you apply.
- Can I be forced to pay maintenance even if my spouse does not request it?
If the judge is not happy that proper provisions have been made for any dependent children, he / she can impose a maintenance order.
- What is a dependent child?
This is normally a child under 21 years of age that still requires your financial support.
- What financial information do I need to submit?
Easy Divorce will prepare an Affidavit of Means for you. This provides details of your assets, debts, income, expenditure and pension. It is an Irish Law Requirement for a divorce Applicant to submit an Affidavit of Means.