If you are considering divorce, your first questions may be about the family home, the mortgage, and how you will manage financially. Before those questions can be answered properly, your solicitor needs to understand what each spouse owns, owes, and earns, and what it costs to support the family.
You may know most of those details. You may also have relied on your spouse to deal with the accounts and paperwork for years. Start with the information you have, and make a note of what is missing.
You do not need to arrive at your first appointment with a complete set of accounts. An old pension statement, a mortgage balance, and a few questions are a perfectly reasonable place to begin.
What does financial disclosure involve?
Financial disclosure means setting out each spouse’s assets, income, debts, expenses, and pension entitlements, and providing documents that support the figures. This gives both spouses and their advisers the information needed to discuss financial arrangements.
Under the Family Law (Divorce) Act 1996, the court must be satisfied that proper provision exists or will be made for both spouses and any dependent members of the family. Accurate financial information helps the court assess whether that requirement has been met.
For a Circuit Court divorce, each spouse provides a formal financial statement. A paper application uses an Affidavit of Means, which is sworn. An online application through the Courts Portal uses a Statement of Truth of Means, which is signed electronically. The Courts Service’s divorce application guide explains both routes and the financial information required.
Your solicitor will advise on the form and supporting records needed for your case. You may hear those records described as vouching documents. A mortgage statement, for example, supports the outstanding mortgage balance you have listed.
Which financial documents should you gather?
Begin with the records you already have lawful access to. The following is a preparation checklist to discuss with your solicitor, rather than a complete list of everything that every case requires.
| Area | Useful documents to gather |
| Income | Recent payslips, your Employment Detail Summary, tax returns where relevant, and records of bonuses, dividends, rental income, or other payments. |
| Accounts and investments | Statements for bank, credit union, savings, and investment accounts, including online accounts and holdings abroad. |
| Property | Mortgage statements, ownership details, any existing valuations, and rental records. |
| Pensions | Scheme names, benefit statements, policy details, and correspondence about pensions from current and former employment. |
| Business interests | Company or partnership accounts, details of your ownership, shareholder agreements, and relevant loan records. |
| Debts and liabilities | Loan and credit-card statements, repayment terms, tax liabilities, and details of personal guarantees. |
| Living costs | Household bills and records of accommodation, childcare, education, healthcare, transport, and other regular expenses. |
For employment income, you can obtain your Employment Detail Summary from Revenue. It records income and deductions from your employment or pensions for the relevant year and can be downloaded as proof of income.
Ask your solicitor what period the records should cover. There is little benefit in paying for years of archived statements or commissioning valuations before you know what is needed.
Keep complete documents where possible. Name each file by the account or provider and the date, and put the records in order. Where a figure is an estimate, label it as an estimate. Where a document is missing, say so.
Include assets in your sole name when discussing your finances, and flag inheritances, overseas holdings, and interests shared with other people. Your solicitor can advise on their relevance and how they should be treated.
Property, pensions, and business interests need particular attention
The family home and other property
For each property, note the address, who owns it, the mortgage balance, and any valuation already available. Include the date of the valuation. A figure based on a neighbour’s asking price should be identified as your estimate.
Take a simple example. A house worth €700,000 with a mortgage of €250,000 has €450,000 of equity before sale costs and any other relevant adjustments. Working out how that equity might be used, whether the mortgage is affordable, and how both spouses will be housed requires further consideration.
Write down the practical concerns alongside the figures. Could you manage the repayments on your own income? Are major repairs approaching? Would different accommodation be needed for you or the children?
These questions form part of understanding how assets may be divided in a divorce. The property’s value is one part of the discussion; the arrangements also have to be considered against each spouse’s needs and resources.
Pensions, including those from previous jobs
I would put pensions near the top of the list, even when retirement feels a long way off. Decisions about the house may feel more immediate, but you also need to understand what income each spouse could have later in life.
Identify every pension arrangement, including pensions connected with former employers and personal plans to which you no longer contribute. Bring the statements you have, even if they need updating. An old statement gives your solicitor something to work from.
Pension figures need careful interpretation. A defined benefit pension generally provides benefits linked to salary and service. A defined contribution pension depends on contributions, investment returns, and charges. Ask whether further information or an actuarial valuation is needed before comparing pension benefits with property or savings.
The Pensions Authority’s separation and divorce checklist explains the different arrangements and the role of Pension Adjustment Orders, which are court orders used to allocate pension benefits.
Before considering a proposal that one spouse keeps the home while the other retains a pension, take advice on how pensions are treated in an Irish divorce. Both the value of the benefits and the income they may provide need to be understood.
Businesses, company shares, and self-employment
Start with a clear explanation of your interest in the business. Do you own it outright, hold shares, work in it, or receive income from it? Who else is involved, and who prepares the accounts?
Set out how money reaches you. This might include salary, dividends, drawings, directors’ loans, or personal expenses paid by the business. Gather the relevant records, and flag anything you do not understand.
Your advisers may need to examine profits retained in the company, business borrowings, and personal guarantees, as well as the income shown on your tax return. Explain any recent changes in salary, ownership, or borrowing so that the records can be considered in context.
A forensic accountant may be needed to value a business interest, explain transactions, or investigate discrepancies. The scope of that work should be discussed with your solicitor, including what it is intended to establish and the likely cost.
Prepare a realistic account of your living costs
Use bills and statements to build a record of what you actually spend. Include costs that arise less often, such as insurance renewals, school expenses, and medical bills. These are easy to overlook when looking only at the payments leaving your account each month.
The Courts Service’s guidance on completing a Statement of Means says income and expenditure should use the same frequency, either weekly or monthly. Keep that basis consistent rather than mixing weekly groceries with monthly mortgage payments.
Record who currently pays shared expenses. Keep current spending separate from estimates of what you may need after separation, such as rent for another home or additional childcare. Both can be discussed with your solicitor, but the figures should be clearly identified.
What if your spouse will not provide information?
Tell your solicitor what is missing and why you think it is relevant. Be specific. You may know about a pension but have no scheme details, or have seen a transfer that does not appear to match the explanation given.
Missing information needs to be followed up carefully. Avoid assuming that every discrepancy proves an asset has been hidden, and do not fill gaps with guesses.
Your solicitor can request relevant information and advise on formal steps where necessary. Section 38 of the Family Law (Divorce) Act 1996 provides for the exchange of property and income particulars reasonably required for specified financial proceedings. It also allows the court to direct compliance where a person fails or refuses to provide them.
In Circuit Court divorce proceedings, case progression helps ensure that the financial records and other preparations are dealt with before the case is ready for trial. The County Registrar manages this process and can direct the parties to provide particular vouching documents and set a date for compliance. The Circuit Court’s family law rules explain these powers and include specific procedures for Dublin.
If a party fails to comply, the County Registrar can refer the matter to a judge. In serious cases, a judge may strike out the party’s defence, which can mean the case proceeds undefended. This can seriously weaken that party’s position. The outcome depends on the circumstances and the judge’s decision.
Tell your solicitor promptly if you cannot obtain a document or comply with a direction. They can explain the difficulty and advise on the appropriate response.
Only gather records you can safely and lawfully access. Do not log into your spouse’s private accounts, access their devices, or intercept correspondence without permission. Ask your solicitor how the information should be sought.
Where your spouse controls the family’s money and financial information, explain that at the outset. You can seek advice before you have the records. If you are concerned that money or assets are being moved, raise that promptly and explain what you have observed.
Is disclosure still relevant when you agree on the divorce?
Yes. In an agreed divorce, the court still has to be satisfied that proper provision exists or will be made for the spouses and any dependent members of the family.
Before accepting a financial proposal, make sure you understand the assets, liabilities, and income on which it is based. A pension that has not been identified or a debt that has not been explained can leave a significant gap in that understanding.
Bring any proposed agreement to your solicitor with the financial records available. Ask what still needs to be checked before you commit to it.
What to bring to your first consultation
Bring the records you have, a short list of the assets and debts you know about, and your main questions. Mark anything that needs checking. Explain your immediate concerns too, particularly about housing, access to money, and meeting household costs.
Your solicitor can then help identify the missing information, the records to request, and any valuations or specialist advice that may be needed. You do not have to resolve those questions on your own beforehand.
At The Family Practice, our family law solicitors in Dublin advise on divorces involving property, pensions, business interests, and other assets. Contact the practice to arrange a confidential consultation about your circumstances and the financial issues you need to address.
*This article provides general information about divorce in the Republic of Ireland. It is not a substitute for legal advice on your circumstances. The documents, procedures, and financial arrangements appropriate to a case will depend on its facts.
Contact Us for Expert Family Law Advice
If you are in need of a Family Law Solicitor in Dublin in a divorce where there are assets involved, please contact us at The Family Practice.
Jeremy Ring is a senior family law solicitor and co-founder of The Family Practice in Dublin.
Over his 15-year career, he has advised clients in divorce and separation cases involving combined assets exceeding €10 million, including business valuations, pensions, and inherited property.
