Recent Divorce statistics from the Courts service prompted several headlines that Divorce rates in Ireland were reaching record-high numbers. Are these headlines justified or is there a story behind the statistics? What do the statistics of 2023 say about this perception?

On a bald level, the statistics say that the number of applications for Divorce in Ireland is the following: 

This seems pretty categorical that there has been a massive hike in Divorce rates in this country from 2015 to 2021. There were 1,542 more Divorces in 2021 than in 2015 which equates to approximately a 35% increase in divorce rates. So should we all be pontificating as to whether the influence of American culture has had a pervasive effect on our traditional catholic value system? Is the sanctity of marriage no longer the institution it was in our parents’ time? What next, Elvis-themed quickie marriages followed by even quicker divorces?

Steady on. The real story is that yes, Marital breakdown is increasing but not at such a dramatic rate. The reason for this is that a subtle change in the law has impacted the statistics. Essentially in 2020, the waiting time for a Divorce was reduced from 4 years to 2 years. Previously a person who could not wait these 4 years would obtain a judicial separation which is like a Divorce but doesn’t allow the Applicant to remarry. The effect of this reduced waiting time is that the number of people who use this procedure has dramatically declined. Previously, people would get a judicial separation, and then if they needed to remarry or just to have a sense of finality, apply for a divorce when they reached the threshold for a Divorce. This would entail 2 sets of Legal Costs. Understandably now when faced with the conundrum, a large number of people wait 2 years and go straight for a Divorce application. 

So if I show the combined figures for Judicial separation and Divorce for the same period it reads:

Divorce Rates Have Stabilized

As you can see, it appeared that marital breakdowns were declining from their peak in 2015 until 2020 and they definitely increased again in 2021. However, the figures from 2022 and 2023 suggest there is not a pattern of increased marital breakdown. This is evidenced by the fact that there was only a marginal 5% increase in marital breakdown from 2015 to 2022, and it has since dropped again in 2023.

The report also noted a 35% increase in the number of resolved cases. This shows the importance of contacting a Family Law Solicitor to help your case reach a satisfactory completion for all parties.

If you are considering going through a divorce and have questions, please click here to learn more about how our family law solicitors in Dublin can help you.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

Contact Us for Expert Family Law Advice

The Family Practice

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The post Divorce Rates in Ireland [Updated 2025] appeared first on The Family Practice.

Do both parties have to agree to divorce in Ireland?

No, If a person is separated for a from their spouse for the last two years, they are entitled to make an application for a divorce. They do not have to receive any agreement from their spouse.

What to Expect in an Uncontested Divorce in Ireland:

The First question is whether the couple should do the process themselves. Predictably as a solicitor, I would say no. In fact, I felt so strongly about my opinion on uncontested divorce in Ireland that I wrote an article about it. So if you take my advice and engage a family law solicitor, what should you expect? To answer the first most obvious question, you both are required to engage separate solicitors. There are lots of great solutions in the United Kingdom and elsewhere which have created solutions for this very problem but they do not exist (fortunately or unfortunately depending on your point of view) in Ireland. So you speak to your solicitor, and they essentially tell you that this agreement is super but we are obliged to review everything ourselves as ultimately the Judge in the Court is required to be satisfied that proper provision has been made for both spouses going forward after the Divorce. 

What will normally happen is that the case should progress quicker and more amicably than your “war of the roses” type case. The usual situation would be that the solicitor would write to the other spouse’s solicitor suggesting that each party exchange sworn affidavit of means together with vouching documentation with a view to agreeing on a settlement. In English, this simply means that for court purposes, both spouses must itemise all their assets, liabilities, incoming, and outgoings and put them in a document and swear or affirm that what they say is true. As well as this, they must provide bank statements, visa card statements, Copy folios, Pension statements for all the incoming, etc to the other spouse’s solicitor. It is always surprising that new information frequently becomes available to the ex-spouse during this vouching documentation stage.

What About a Separation Agreement?

Proceedings are issued in the same way as any case ie depending on the length of time apart either Judicial separation or Divorce proceedings from the Circuit Court (See FAQ for the nuts and bolts). You may sensibly ask if there isn’t there something called a separation agreement that can achieve all this, without the need for a court intervening. Such a thing exists but I feel it is not an adequate solution. Again, I felt so strongly about it that I wrote an article about why it is not wise to have a separation agreement in these situations.  Once Proceedings are served (sent to the other side) either the mediated agreement can be “ruled” by getting a date in court and the Judge approving this agreement by seeing if it seems fair on the basis of their respective affidavit of means. Alternatively, both sides’ legal teams can meet and create a new agreement or settlement which will be signed by both spouses. A Court date can then be sought again to “rule” the settlement. Both parties are required to be in court but it is really just a formality. There is no “hearing” insofar as there is no cross-examination of witnesses, it is just really both parties saying that they agree to the terms in front of the judge.

What are the Next Steps in Uncontested Divorce in Ireland?

Within a few weeks, the orders will be sent to the divorce solicitors and the orders are brought into legal effect. This means that if for example, one spouse receives 30% of another spouse’s Defined benefit pension, then what’s called a Pension Adjustment Order is prepared by the solicitor, signed by the judge, and forwarded to the relevant pension authority. The transfer of property is given effect by a conveyance and if one party refuses to sign documents, these documents can be signed by the judge to give effect to the settlement. Lump sum payments of money can be made if so ordered. If any of the terms of the settlement are not implemented by either party, then the case is relisted before the Judge and the Judge will question the relevant spouse as to why they have not given effect to the terms. The Judge will no doubt impress upon the relevant spouse, the consequences of refusing to comply with the order.

Should You Get a Family Law Solicitor Involved?

The question may be asked, won’t getting the divorce lawyers into all this just cause more arguments and break up the mediated agreement? Maybe, Yes. In our Defence, Family Law solicitors are trained litigators in a common law system. This means that the whole system is based on an adversarial system of two competing legal teams battling it out like boxers with the Judge as referee. Our goal once engaged is to “win” ie get our client the best deal we can possibly get. If our client has agreed to something because they weren’t great negotiators or were not au fait with the law or were not aware of the extent of their spouse’s wealth or if there is an imbalance of power in the relationship, then we are under a duty to advise them of this. This is why we are paid. This is why the government of the people implemented legislation that states that proper provisions must be made for both spouses after a divorce. This only works if both parties know accurately the respective financial positions and if both parties are equally able to negotiate. It is not surprising that when most people are informed that the deal that they agreed on was nowhere near the deal that they could have secured for their future, then they decide to try for a better deal. 

To be fair, in a properly mediated agreement, with equal bargaining power there is no necessity that the agreement should not be again approved by the respective solicitors. 

The good news is that when there is some form of mediated agreement or general agreement, then a case will normally take a lot shorter. One could budget for the case being finalised within 8 -14 months from start to finish if a couple starts with an agreement and if both spouses remain amicable. Again to conclude, if both parties are relatively amicable, the top tip is that both spouses retain specialist family law solicitors. This sounds counterintuitive but from a solicitor’s point of view, the smoothest negotiations/cases involve both solicitors who both know what they are doing and are reasonable in their attitude. If the opposite number is not familiar with family law or is not reasonable then the case can, unfortunately, grow legs and time can be extended completely unnecessarily. In short, engage a specialist in family law, and ask your spouse to do the same. It will save a lot of time in your attempts to have an uncontested divorce in Ireland.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

Contact Us for Expert Family Law Advice

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The post Uncontested Divorce Ireland. Ins and outs. appeared first on The Family Practice.

There will be the mundane day-to-day jobs of having to open new bank accounts, put bills in one person’s name, etc. Then, they will have to consider what are the arrangements for the children of the marriage. Who is going to reside with them, and who is going to move out? How am I going to pay for a mortgage on my own? How is he/she going to find a place to rent in this market? We can’t afford to separate?

This leads to the investigation stage of all parties reading up and googling their rights. Essentially they want to know how this process of divorcing in Ireland works, and how to divide up a couple’s joint assets. They also want to know ultimately, if they cannot agree, what a judge would most likely do, How much it costs, how long it takes, is it just like TV? etc.

So how do you get a divorce in Ireland? I will attempt to provide a layman’s guide to divorce in Ireland here, detailing this whole procedure without resorting to quoting legislation or case law. 

Contents:

The Courts Have The Final Say on Divorce in Ireland

The Law System for Divorce in Ireland

Prerequisites to Divorce in Ireland

The Divorce Courts in Ireland

Divorce Mediation is Always an Option

Documents Required for Divorce in Ireland

The Process of Divorce in Ireland

Settle the Divorce or Have Your Day in Court

Divorce in Ireland – Final Steps

The Courts Have The Final Say on Divorce in Ireland

The first thing to remember is that a marriage can only be adjudicated on or ended by a court. It cannot be done by yourselves together or by a mediator or arbitrator or some other alternative to a court. Ultimately, any divorce agreement in Ireland has to be approved by a court. Why? Because that’s what the Dail (i.e. You the People) have decided – that marriage is a sacred institution in Ireland and should not be entered lightly or ended lightly.

The bottom line is there are no Elvis impersonator Marriage celebrants in Ireland and nor are there “quickie” divorces. The reason that it is important to remember is that because you have to go to court, you are required to engage with the formal, sometimes arcane court system in Ireland. It is important to note that Family Law Litigation is just another leg or arm of the general litigation in Ireland. Litigation is simply one person suing another person for something (i.e. money) to not do something (don’t fire me), or make them do something (make the council give me a permit to sell hot dogs outside Lansdowne Road). 

The Law System for Divorce in Ireland

I won’t belabor the point but in Ireland, we have what is known as the common law system of litigation. You may ask why I bring this up. The reason is that in European countries they have an inquisitorial system which is essentially a judge-led system that seeks to find the truth. The common law system is more like a boxing match where the judge is more akin to a referee in the dispute but also calls the winner.

In Ireland, because of this, the onus is on each side to properly prepare and have everything in order and bring everything perfectly to the judge. They and, by extension, their support staff and the courts’ service are not there to be proactive and help you achieve justice. They are just there to facilitate you in transmitting what you bring to the courts in front of the judge. Their role is not to advise you or comment on whether you should do this or that. Needless to say, this makes being a person representing oneself quite difficult. This is why most people in Ireland utilise a ‘translator’ or native in this foreign field (i.e. a family law solicitor). Keep this whole principle in mind as we move through the process.

Prerequisites to Divorce in Ireland

So the longest journey starts with a single step. The first step is whether you fulfill the prerequisites. If you do not you cannot even start the process. What are these prerequisites to divorce in Ireland?

1. You and your spouse must be “living apart” for at least two years during the previous three years. Living apart can include living in the same house. Essentially it means that there is no intimate and committed relationship i.e. that you do not live as a marital couple. You do not go to dinner together, don’t go on holidays, share the same bed, or cook each other’s meals. 
2. One spouse must be domiciled in the Republic of Ireland or have lived in the country for one year before applying for a divorce.
3. There must be no prospect of reconciliation.
4. There must be proper provision for each spouse and any dependent children. This is the essence of Divorce. Even if both spouses agree, the Judge must rule whether there is a proper provision being made. If you want to read more about the time a Divorce takes in Ireland read our article on the subject.

The Divorce Courts in Ireland

Once you have met these criteria, you can now begin the process. Unless you are fortunate enough to be very wealthy, all Divorce/Judicial Separation applications are dealt with in the circuit court. What does the circuit court mean? There is essentially a three-tier court system in Ireland based on the perceived importance of a matter at issue. There are marked differences between the courts.

The District Court is the lowest court and is the most informal court and is generally more oral-based than paper-based. They deal with more minor issues generally (i.e. petty crime, financial cases less than €15,000, and guardianship).

Circuit Courts are more formal and deal with serious criminal cases with a jury, more valuable financial cases, and Judicial separations.

The High Court is the most formal and deals with Murder and Criminal Rape Cases, the highest value financial cases, and Family Law cases with Property in excess of 3 million.

There is a District Court in most small towns in Ireland whereas there are only eight circuit courts (one High Court). The Courts’ website lists the location of each of the courts. To be eligible to apply for a Divorce in a Certain county in Ireland, one must either live or work within that area. So you know your circuit court area, you are required to issue a number of documents but first, you should consider mediation.

Divorce Mediation is Always an Option

If you have engaged a divorce solicitor in Ireland they are specifically required by the law to discuss the option of mediation and give you a list of mediators. I won’t delve too deeply into mediation but it is simply a way of sorting any differences between you and your ex-partner, with the help of a third person who won’t take sides. The third person is called a mediator. They can help you reach an agreement about issues with money, property, or children. To be clear, you cannot force your ex-partner to go to mediation. Also, mediators are not marriage counselors and do not provide legal advice. It is also not appropriate in circumstances of domestic abuse or a coercive control situation. Arguably, it is also not appropriate where there is a large difference in the financial positions of both spouses or where it is difficult to assess a party’s net worth i.e. when self-employed.

These Documents are Required to File for Divorce in Ireland

In circumstances where mediation has not been successful or not chosen, the documents required to start the process are:

1. Family Law Civil Bill: This is akin to the application form. The first part, the indorsement of claim, sets out the history of the relationship and marriage from the Applicant’s (the person making the application, the Respondent being the other spouse) position. It sets out similar to a story, what houses they bought, what jobs they had, what each person contributed, and what children they have. It then progresses to explaining why the relationship has ended according to the Applicant. 

The Second part of this bill then proceeds to “the applicant’s claim” which sets out the “ancillary reliefs” the Applicant wants. Typical reliefs include maintenance, the family home, other property and assets, custody, succession rights, personal safety and the safety of children, and pensions. This is quite technical and requires the Applicant to list under what precise section of an act the order that they wish the court to make. Reverting to my original point that the courts don’t investigate, they simply rule upon what you asked.

If you don’t include certain provisions, then the court does not have the power to make these orders. An example of one of these provisions is “An Order pursuant to Section 10(1)(b) of the 1995 Act and/or Section 36 of the 1995 Act and/or Section 31 of the Land and Conveyancing Reform Act, 2009, determining all issues in relation to the title to and/or possession of any property the subject if the within proceedings, or property to which the Respondent is entitled, or such share or portion thereof as to this Honourable Court shall deem proper”. Solicitors normally engage specialist family law barristers to draft these technical documents.

2. A sworn Affidavit of Means: This is a document that needs to be carefully prepared. It sets out what you own i.e. assets, what income you have and what debts or liabilities you have, and your outgoings. Remember that this is a sworn Affidavit and should not be signed lightly as you most likely will have to vouch or substantiate everything that’s on it with bank statements, Folios, P60s, Revenue documentation, etc. If you engage a solicitor they will guide you in how to prepare the same. A useful tip for analysing your expenses is to simply “keep everything on card” for a month and then arrive at an average. It is quite an exhaustive document and it will pay to take time and consideration to complete it properly as in addition to vouching for each part, you may end up being cross-examined by a barrister on this very issue.
3. A sworn Affidavit of Welfare (if there are children involved). This is again quite an exhaustive document that sets out the personal details of the children of the marriage, their residence, health, maintenance, childcare arrangements, contact with children, education, and training.
4. A document setting out that you have been advised about mediation. This is only required if you are represented by a solicitor.
5. Original State Marriage Certificate. When I first started Family Law it didn’t surprise me so much that clients didn’t remember their date of marriage. It did surprise me that so many people couldn’t locate their marriage certificates. At present, it can take a number of weeks to obtain a replacement certificate so I would suggest this should be your first step.

The Process of Filing for Divorce in Ireland

So once these documents are all completed, they are sent to the relevant circuit court office for issuing. This means that they are stamped with the court office seal and given a record number. They are then served by you on your spouse. I would remind you again that the onus is on you or your family law solicitor to know what to do with these documents. There is no Judge pushing the process or advising on the next steps. Without going into too much detail the proceedings have to be served (the legal term for given) on your spouse. A declaration that this has happened must be prepared and sworn in front of a commissioner for oaths. If you cannot successfully serve your spouse then a whole other set of Legal documentation needs to be prepared. This can be onerous and expensive if you are employing a solicitor. 

In theory, the Respondent’s spouse has 10 days to lodge their appearance once they have received the Civil Bill. An appearance is simply a document saying I acknowledge and will engage with the proceedings. Within 10 days after that, the respondent is supposed to supply their Defence which is the counterpoint or rebuttal to the allegations made in the Civil Bill. They are also supposed to file their Affidavit of Means and Affidavit of Welfare. This all sounds like an extremely quick process. It would if anybody actually followed these timelines. In reality, I don’t think I have ever had someone lodge their appearance within 10 days or their defence within 20 days. Even with specialist divorce solicitors engaged by both parties, the reality is that it can be closer to 3 months rather than 3 weeks to receive a Defence.

Again, in theory, within 28 days of the Defence being filed, both sides should exchange vouching documentation which substantiates their Affidavit of Means. Depending on the extent of the assets and incomes, this can be quite an extensive amount of documentation. If there is a dispute or queries as to the documentation provided then this can take even longer. When divorce solicitors are engaged, invariably queries will be raised as they are obliged to verify the exact financial status of the Respondent/Applicant.

There then follows a discrete preparation court procedure called case progression. This is the courts seeking to manage the workload of the courts and to narrow the issues at dispute between the parties. So if there are issues regarding disclosure of documentation relating to the accounts of a spouse’s business, this can be ruled on at this stage. The goal is that when a case is given a hearing date (which it ultimately is) that the court knows how long the case will take approximately and that the case is ready for that hearing.  If you want to read more about the time a Divorce takes in Ireland read our article on the subject.

Settle the Divorce or Have Your Day in Court

Finally, we have arrived at a position where both sides know the financial position of each spouse in the marriage, and generally an attempt (even in the most acrimonious war-of-the-roses type of divorce) will be made to settle the case. We would always advise clients that it is best to attempt to agree on a compromise even though not perfect than to have a potentially unworkable solution imposed upon you by a Judge who has no insight into your life. In addition to this, there will be added time and added expense ( if you want to read more about the cost of a Divorce in Ireland read our article on the subject). Where solicitors are involved this normally takes the form of a pre-trial settlement hearing. If an agreement can be reached, it is reduced to writing and brought in front of the court, and orders are made on agreement.

A full hearing is held when an agreement cannot be reached. This is close to the TV version of Court Cases like Kramer v Kramer (not Liar Liar). It is where the Applicant swears and gives evidence and is then cross-examined by the barrister for the Respondent and in turn, the Respondent gives evidence and is cross-examined. To be clear, this process is all held in a private courtroom and no public is allowed to enter.

However, although Family Law Court Proceedings are less formal than standard court proceedings, there is no avoiding the fact that giving evidence and being cross-examined about one’s private and intimate details by strangers is not a pleasant experience. Ultimately, the Judge will decide and divide the matrimonial property on the basis of making proper provisions for the current and future financial needs of both spouses. It is not an adjudication of the behavior of each spouse in the marriage (If you want to read more about this subject you can read our article about it here).

Divorce in Ireland – The Final Steps

Ultimately, it is now that the Decree of Divorce or Judicial Separation in Ireland is issued and the various orders for lump sum payments, division of property, payment of maintenance, and pension adjustment orders are made.

Over the next few weeks and months, these orders are taken up and taken into effect. From the beginning with that most painful decision made in the first paragraph to the culmination of the legal proceedings can be quite a journey.

Contact Us for Expert Divorce Advice

If I could add any advice to this guide it would be that when you are undertaking this journey of divorce in Ireland and if you are choosing a legal representative (which I suggest you do if you have any assets) make sure you use somebody who is a specialist in divorce in Ireland. In addition, ensure you hire someone who you get along with personally as you will be spending a lot of time with them.

Other Common Questions You May Have About Divorce are Answered on these pages:

How Much Does a Divorce Cost in Ireland?

How Long Does a Divorce Take in Ireland?

Who Gets the House in a Divorce in Ireland?

How are Assets Divided in a Divorce in Ireland?

What Happens to My Pension in a Divorce?

How is my Mortgage affected?

What are the Divorce Rates in Ireland?

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

Contact Us for Expert Family Law Advice

The Family Practice

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The post Divorce in Ireland – The Complete Guide appeared first on The Family Practice.

To quote Shakespeare from my leaving cert “If it were done when ’tis done, then ’twere well it were done quickly.”

It is understandable then that one of the questions that will be asked is “How long is this divorce going to take?” The answer is seemingly the same answer that Lawyers give to every question “It depends.” It depends on everyone’s different situation. The answers I provide here should be read in conjunction with my article about the cost of divorce in Ireland.

This article (spoiler alert) essentially states that an experienced Family Law Solicitor in Ireland has a menu of pieces of work that they know needs to be done in all Divorce cases. They also have a menu of work for situations that may arise in a case.

In essence, we have a fair idea of how much the case is going to cost but these costs can rise if certain situations arise such as spouses not complying with the process, custody of children issues, issues regarding ascertaining financial positions of the parties, and most importantly an inability to agree on a settlement. So we can say that if everything proceeds perfectly the case will cost x much but if everything goes wrong it will cost Y amount. People with any experience of life know that in general, it is best to estimate for something in between. The length of the Divorce process is exactly the same. I can give an estimate of the best-case scenario, and worst-case scenario, and common sense will tell you how long to budget for.

Before we go further – if you are currently separated and wondering, How Long do You have to be separated to get a Divorce in Ireland? The answer is that both you and your spouse must have been living apart for 2 of the last 3 years in order to begin divorce proceedings. Therefore, there is no point in proceeding further until you fulfill those criteria.

The Different Stages of a Divorce in Ireland

The first stage of the process is where you meet your solicitor and Barrister and essentially prepare all your documents to start the process (or if served with proceedings respond to proceedings). This is uniquely the part of the process which is entirely within our control i.e. not dependent on the court schedule or on your spouse. This could take a matter of weeks from the first meeting to the issuing of proceedings from the court. It doesn’t.

The reason it doesn’t is that even with the most motivated and well organised client and a solicitor with a streamlined process, the to and fro between client and solicitor to have all documentation correct does take an amount of time. It is fair to budget for 3 months to start the process. If the client is disorganised/too busy/not motivated this time can extend to 6 months. One can add a period of time of 4 weeks that some court offices take to issue the court documentation. 

Moving along with the process, the proceedings are then served (sent) to the other spouse. This is where the spouse enters the proceedings. Obviously, times are reduced considerably if both spouses have mediated an agreement and are very well prepared and the other spouse is waiting to receive the document. Again in an ideal world, it would take no length of time for the other spouse to lodge an appearance, prepare their client’s Affidavit of means (to show how much they own, earn and spend) and Defence (if defending).

The reality is that it can take another 2 months. A lot depends on whether the spouse represents themselves or has an experienced Divorce solicitor or employs a less experienced solicitor. Through no fault of their own, in general, because of their lack of knowledge of the process, a lay litigant will normally add a lot of time to the case. If the spouse does not engage with the process i.e. they don’t enter an appearance or engage a solicitor then a motion to compel is necessary. This is where we ask the court to make the other spouse do something. Depending on how obstructive the other spouse is, this can add potentially another 3 to 6 months to the length of a case.

Variables Affecting the Duration of a Divorce

Remember the variables that I mentioned in the earlier paragraph? Well, these variables now really enter the picture at this stage. I will not go into every minutia of the variables but will mention each in turn to give a flavour:

Children: If there is a dispute as to the custody and access to the children then this can add considerably to the time as in certain circumstances expert reports may need to be prepared. Also, a lot of discussion and correspondence will be required to try to resolve this highly sensitive and emotive issue.

Vouching Documentation: This perhaps shouldn’t be included as a variable as vouching should be obtained in all cases as in any divorce case, the judge is required to be sure that proper provision is being made for both parties (and children if any). I have included it as a variable as it is the level of vouching documentation required and the potential disputes around the documentation that can vary hugely the length of time a divorce case takes. On a basic level, a normal P60 worker with one home doesn’t in a normal course add time to a case whereas Jeff Bezos divorce might take longer. 

Again, if both spouses are well prepared and proffer all their documentation and agree on terms at this stage then the divorce case can be brought to court within 3 months and finalised within this time. This however is rare as most people have never been required to do this kind of work and are inexperienced and it can take them time.

In normal course, both sets of solicitors will query the vouching statements and there will be a certain time lag while this happens. If the parties cannot agree on vouching documentation which is common, especially where one party is self-employed, the case must go into family court for a judge to decide. There can be a waiting time for the case to be heard of potentially 6 months, and even then the matter may not be finished that day. This is only to bring you to the point of being able to settle the case!!. So if vouching is very straightforward forward it is best to estimate 5 months from when the civil bill issues whereas if the case needs to go to court it is not unreasonable to add another 9 months.

Settling Case/Not Settling Case: As I said previously if everything is amicable and all vouching is agreed then the case be finalised relatively quickly. More often though, it is at the stage where vouching is complete (sometimes after a court date) that attempts are made to settle the case. If the case is agreed well in advance of having the case fixed for a full hearing, then one can have the case finalised within 3 or 4 months. More commonly, it can often require a looming court date to be fixed before minds get focused by all sides to agree on the matter. 

The waiting times for a family court date can be up to 9 months so if you do not agree to settle the case in advance then you can add this time to your divorce. Similarly, if ultimately no resolution can be reached, this time can be added. It is not inconceivable that your case will not be reached and another date be provided which could add another few months.

Pension: If you or your spouse are lucky enough to have a pension then the work involved may add 3 months to time that your case is ultimately finalised. This can be because the solicitor involved in implementing the Pension adjustment order is dependent on the courts and the trustees of the Pension scheme to respond promptly. This is not something we are in control of so necessarily it can add different amounts of time depending on the response times of the persons responsible. 

How long does it take from start to finish for a divorce in Ireland?

In conclusion, the good news is that if you are genuinely confident that you can agree on everything with your spouse then a quick divorce can happen in approximately 8 months. As you can see the polar opposite case where everything goes wrong etc can take 4 years. I think it is sensible to budget for 18 months to 2 years. As a guide for guessing the time just ask yourself will these pain points arise: 

1. Will your spouse completely not cooperate with the process?
2. Will there be a big battle over finding out how much each party has?
3. Is the case likely to be settled or will there be a big fight? 

Depending on the number of times you answer YES to the above questions, you will have a good read on what your timeline is. Finally, the last piece of advice to minimize the duration of your divorce is: to engage a specialist family law solicitor, respond promptly to all requests for information or documentation, and strongly consider settling your case as early as the solicitor advises.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

Contact Us for Expert Family Law Advice

The Family Practice

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The post How Long Does a Divorce Take in Ireland? appeared first on The Family Practice.

In general, it is thought that a divorce in Ireland would cost anything ranging from €10,000 to €20,000 depending on the complexity of the case. We completely understand the difficulty the general public has in comprehending how these fees are justified. We will attempt to justify it by simply stating that family law doesn’t exist in a vacuum apart from other areas of law. We draw on the same pool of talent for Solicitors/ Legal Executives, etc., like all other areas of law and Irish society. The reality is that a newly qualified solicitor can earn €70,000 because of the location of Dublin being the European home of the majority of some of the world’s biggest companies. As well as the fact that Dublin is an expensive place to run a business in. Solicitors are not exempt from electricity, etc. Very simply put, family law is competing with solicitors who are being paid by government/huge companies who can easily afford to pay €450-€550 per hour. These solicitors’ firms can hence easily pay solicitors these top wages. Therefore, it is in those circumstances that these solicitors’ fees can appear high to the customers. 

We at the Family Practice recognise these high costs of family law solicitors in Ireland and have attempted to manage these costs by identifying each and every piece of work needed to complete your case and putting a price on this work. This led to us developing a costs calculator which provided the customer with an estimate of their potential legal costs based on knowing certain aspects of their case. The key is that we only get paid for precisely what work we do. If you or your spouse don’t have a pension, then this removes a lot of the technical boring legal work required and therefore reduces the price. Similarly, if you or your partner is not self-employed then the work involved in investigating the financial position is greatly reduced. 

Who Pays for a Divorce in Ireland?

In Ireland, each person pays for their own legal representation in a Divorce. This is in contrast to other areas of law, where the winner of the case gets the benefit of their legal costs paid by the losing side. In family law, as everybody knows there is no winner and the rule is that unless exceptional lack of engagement by one side, each person pays their own costs. This can have unfair consequences in circumstances where one party to the marriage has greater financial resources and can engage in higher-quality legal representation.

How is the Cost of a Divorce Calculated?

This attempt at placing a price on each part of the case is contrary to the consensus among solicitors in Ireland. When asked how much a case will cost, most will say something like “how long is a piece of string?”. The issue is that I entirely identify with this thought process as it is quite difficult to accurately predict how much a Divorce costs in Ireland at the outset as there are many variables that can arise.

However, that doesn’t mean we cannot try. After all, tenders are provided for multi-billion euro projects which encompass thousands of potential variations so why can we not provide a tender for a simple divorce? I would liken attempting to price a legal project as not being too dissimilar to a mechanic pricing a broken-down car. From the customer’s point of view, because we know nothing about cars, we have no strength in bargaining and ultimately feel we can be easily ripped off. If the mechanic says that the engine has blown and will cost €7K to repair, I hope I can trust the mechanic but I have no idea or not if the engine is blown. From the mechanic’s point of view, he is aware of this lack of trust dynamic and has a menu list of jobs on cars that he has available. For example, ‘fix carburetor’ – €500 labour, oil change €70. However, he doesn’t know precisely what the problem will be before he starts, so can only give a guide. If halfway through an unexpected problem appears with the engine, then he has to revert to the customer and update them and inform them of the potential new price for the new amount of work beyond the original scope. Hence the unhappiness between mechanic and customer.

So to take this tortuous analogy, in a Divorce case in Ireland there will be certain items on a menu of costs. Like the mechanic, each item is valued by the time that it takes. As an example, it usually requires a 1.5 – 2 hour meeting with a solicitor to take instructions to prepare a brief for a Barrister to create an originating document to obtain a divorce. On our menu, this would be 2x 250= €500. Other documents will be required and legal Executives’ time will be expended as the case progresses. I will not go through each menu item but an experienced divorce solicitor from their records has a reasonably accurate knowledge of what work will be involved in a divorce and hence what the price will be. So why doesn’t everyone just give your menu and be upfront about it? The reason is that like the mechanic we don’t want to be tied to this price as we cannot predict the likelihood of variations arising. What are these variations?

1. Children in the Divorce

The first most obvious variations are any complications around children in a Divorce. This can be that reports from experts may be needed and different court appearances may be needed. This can range from applications to court for interim maintenance for the spouse or children for the time until the case is heard, or any other application concerning the welfare of the children. This can cost between a solicitor’s and a barrister’s time potentially €2,000. 

2. Motions to Compel

The second variation can be lumped together in a single catch-all phrase “motions to compel”. What is a motion? A motion is an application to the court to make the other side do something. It’s that simple. In a utopia, it would be very simple to price Divorces as we could accurately say from our hourly rate and menu of work what the case will cost. This utopia is not the real world where people do not respond or cooperate with the court process as they should. As an example, some people avoid service of the proceedings. This requires an expense of a summons server to physically serve the other side. If the person does not enter an appearance ie engage with the process, a motion for judgment in default of appearance is required. This requires legal documentation to be prepared showing that the other spouse has been served and can cost approximately €1,500 -€2,000. In the majority of cases, this forces the other party to enter their appearance and engage with the process. The difficulty is that it is very rare for a court to award the other side the costs of having to bring this application. In plain English, this means that you have to pay for your ex-spouse not engaging with the process. Their next step is they are required to lodge their defence to your civil bill (originating Document). If they do not do this within the prescribed time, you guessed it, we are required to bring a motion. This will cost approximately the same amount of money ie €1,500 -€2,000.

3. Affidavit of Means

This then brings us to another expensive variable which is whether you or your spouse engage with the vouching or verifying with paperwork whatever they have sworn to in their affidavit of means. In plain English, each party sets out what assets they have, their income, and outgoings. During the proceedings, each party will be asked to provide the paperwork to back up e.g their income, their assets, their bank statements. These statements and other materials are forensically reviewed by each solicitor and questions are asked like: Do you receive payments every month in your account but you list your income as only from your P60 job or you listed only 2 accounts but we see constant references in your account to revolut. Again if the other side does not provide evidence as you require, then the case has to be brought to court to make the other side provide this documentation. It would not be great representation to allow a client to settle their case on the basis of incomplete knowledge of your spouse’s financial position. Unfortunately, this can add a huge amount of time and court appearances which costs the customer between barrister and solicitor up to €2,500. Where one of the spouses in a marriage is self-employed then it can be almost certain that a court appearance (called case progression) with regard to vouching will be required but in a more standard income couple it can be more difficult to predict whether the other spouse will “do their homework properly and on time”. When one party is self-employed there is potentially a cost of engaging the services of a forensic accountant. We find it helpful to explain these potential costs to our clients to make it clear what potential surprise costs could arise. It also has the effect of focusing our own clients on their own obligations in providing everything needed in a timely manner as they can see that not doing so just simply costs them more money.

4. Settlement or Family Court

The last variation which has a big effect on the price is whether the parties are agreeable to settling the case or whether the case has to be decided in the courts by a judge. There is a big premium on agreeing your case as the saying that “lawyers are most expensive when they are on their feet in court” is very accurate. Every case generally has a settlement meeting where each side meets and attempts to thrash out a deal that is agreeable to both parties. This item is on the standard menu of costs in a divorce case. It is generally felt above and beyond the price that it is better to agree to a compromise that you can live with than having conditions imposed upon you that you will find extremely difficult. This is without mentioning the emotional stress of giving evidence and the overall toll and worry of an adversarial family court hearing. If either you or your spouse cannot agree on a compromise then the volume of work and costs increases markedly. The cost of a solicitor and Barrister to fight a case can cost €2,500 -€3,000 for the day. The case would not normally but could extend to another day. This potential cost difference should be factored in by each client when making the decision not to compromise. It always surprises me which clients will settle and which will not. 

Finding the Right Divorce Process for You

I sympathise with customers who are shopping around for a divorce solicitor and sometimes it can most definitely appear onerously expensive. I understand why people attempt to solve this by doing it themselves. Where there are any kind of assets involved I would not advise this. I have previously written about this and would direct you to this article by Conor Pope in the Irish Times. 

Finding a solicitor is not dissimilar to shopping for anything else that you know nothing about like a mechanic or financial planner. You might start by looking at Citizen’s Advice for the basic information. What you are looking for in these service providers is the same as in a divorce solicitor: trust. Do you trust that they will do the work that you are paying them for? Do you trust that they will only charge you for the work that they perform and not exploit your lack of knowledge? Do you trust that they are being as upfront and transparent about what the estimate of costs is and why they are like this? Are they advising you clearly about the potential extra costs which may or may not occur which can increase the price? If you find such a relationship of trust, I would suggest you engage that person. Divorce is most definitely expensive but in my experience, people are happy to pay for a service when they trust that they are paying the standard fee for the work involved in their case.

If you want to find out more please contact our Family Law office in Dublin. Some solicitors understandably require payment upfront of their fees as they feel that they will have to pay staff, outgoings, etc., all while the case is ongoing, and don’t wish to take any risk in not being paid.

We were conscious that, at such a difficult time in clients’ lives, people find it hard to pay huge fees all at once. So we have developed a stage payment system, which means that we only ask for payment in advance as we reach certain milestones in a client’s case.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

Contact Us for Expert Family Law Advice

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The post How much does a Divorce cost in Ireland? appeared first on The Family Practice.

I receive new enquiries every day from people who wish to make an appointment to discuss their separation or divorce from their spouse. They range from people who are unhappy in their marriage and are assessing their options to people who have been living apart from their spouses for 10 years but have never regularized their situation.

They focus on whether they will be able to stay in the family home, the mortgage, what maintenance they will receive, or occasionally what their rights are if they receive an inheritance. I cannot remember someone ever asking me whether they can keep their gold-plated, defined benefit pension.

Yet sometimes your pension can be one of the most valuable assets that you have.

I perfectly understand that your priority, first and foremost, will be to save the marriage and work hard in Separation and Divorce Counselling, etc. to achieve this. After this, there will be all the emotional fallout caused by the end of the marriage. This doesn’t even include the problems where children are also involved.

The Benefits of Long-Term Thinking in a Divorce

This brings me to my point that we naturally, as human beings think short-term. We think about where we are going to live, where the children are going to live, how am I going to survive financially. We focus, understandably, on the here and now and will look at the future some other time. This can be difficult for your family law solicitor as they will want you to focus on the long term. We are trained to look after your interests in the long term, and not just the short term. One of the key things that will be looked at is the same as what the court will look at: How are both parties going to be fairly provided for, going into the future?

You might say that: “It was my decision to work in a job that provided a defined benefit pension. I decided to be a teacher/Garda/Judge. He/she decided to work in the private sector and had the potential to earn fortunes. Now, why would he/she be entitled in any way to my income when I retire?”. You may have a point but the court doesn’t really see it like this.

So what happens to my pension in a divorce settlement?

When it comes to pension entitlement in divorce, the main thing that you have to know is that the pension is in the family pot which has the potential to be divided. If you understand this, you will understand the process much better. If one spouse has a substantial, defined benefit pension, the other spouse has zero pension but maybe really desires to stay in their jointly owned family home, then that spouse may decide to sacrifice any claim to the pension and receive a half share of the family home transferred to their name. This is obviously a simplistic example, and the courts would look at the length of the marriage, earning capacity of the respective spouses, when the person started paying into pension, how much would the person have to pay into a pension to receive a similar benefit, etc., when deciding.

It seems obvious to everyone that the physical properties that each spouse owns will potentially have to be divided when divorced, even if not in joint names. It is equally obvious that if there are children of the marriage, a custody and access arrangement will have to be agreed upon.

What is not always obvious though, is that the pension of a guaranteed €700 per week, for example, is now up for grabs too. When the court decides on how to divide up the family assets during divorce, these financial assets must also be taken into account. That is the key thing to remember here.

This helpful report from a pension and divorce case here in Ireland gives a practical example of how a judge looked at dividing up a pension and what factors they considered.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

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The post You Never Ask About your Pension in a Divorce Settlement, but You Should appeared first on The Family Practice.

For example, if the Family Home is worth €600k, with €50k owed on the mortgage, will one of the parties (especially the party who wishes to stay in the family home) be able to raise a mortgage to buy out the other side?

Alternatively, following a short marriage, there may be very little equity in the family home and the main question during the divorce settlement will be whether the Bank will agree to the husband or wife coming off the mortgage and letting the other party continue to pay the mortgage. There also exists the added consideration that often there will be children of the marriage and that there will be a desire they continue to live in their Family home. This is understandable as people feel that children in this situation have endured enough disruption and that it would be helpful if they could at least stay in the same home, attend the same school, and keep their friends.

Dealing with Reality

As an aside, we have frequently encountered clients in our family law practice who realise these difficulties exist and choose to do nothing. They feel that not formalising their relationship breakdown allows a certain status quo to continue. This is certainly understandable, as grasping the nettle and meeting difficult situations head-on is not the normal human reaction. The problem here is that, in general, it is better in the long term to just rip the band-aid off and deal with the situation now. Otherwise, it inevitably will have to be dealt with at some stage in the future. This can be because new relationships are formed, new properties wish to be purchased or simple things need to be done, like making a new will.

First Steps in dealing with the Mortgage and Divorce

So what should people do in this situation? It sounds simple, but the first thing to consider is that the parties should both approach a mortgage broker and set out their circumstances and their predicament. Following this, the broker will give them their options. In certain circumstances, the news will inevitably be bad, i.e. that they are not entitled to a mortgage, or the bank will not allow the other spouse to come off the mortgage.

However, at least there is some certainty here. Other times, in our experience, with good family law advice, persons receive mortgage approval who previously felt that they would not have been good candidates. I would emphasise that expertise from these family law solicitors can make a difference.

Speaking from experience, a person was refused approval because they had just taken on a new car loan, whereas they would have been approved if they had not taken on that burden and kept the car they had paid for in full.

You might say, “Well, if the Judge in my case orders the family home to be put in my name then that is all I need”. Strange as it may sound, as a pensions order without prior approval of the Pension Provider, a court order is worthless without the approval of a bank. That is why this will be one of the first questions your family law solicitor will ask you in a first consultation, namely: what are your means? What is your age? What is your ability to obtain a mortgage? Have you received approval from the bank? Etc.

Getting a Mortgage after a Divorce

Just to shed some final light and hope for persons who feel they cannot obtain a mortgage after the divorce, just remember the entire assets of the marriage are to be divided. So if one partner has a pension due of, for example, €50k per year, this is effectively a pension pot of 1 million euros, hence the value of this pot can be negotiated against the value of the property.

But remember, the first rule is to ascertain your position regarding the mortgage as it is one of the most important factors for you and your divorce solicitor to consider when attempting to get you the best deal for your life for now and into the future. If you think this sounds like your situation, contact us to see if we can work together on reaching a settlement for your mortgage and divorce.

You can read more about your property rights in the breakdown of a relationship here.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

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Before I go any further I have to say that I cannot disagree with their thought process in any way. If I was to walk in their shoes for a moment what do I see? We are normal people both with simple P60 salaries of €60,000, we have a mortgage on our property of 200k and the property has 200k equity. I have sought quotes from solicitors and looked online and the quotes I am given can amount to between the two of us 20,000. We pay almost 40% tax, we are not big business people so for us to earn this money, we would have to each give up 1/3 of our annual salary. Why do we have to do this when we pretty much agree on everything? The answer: We are both intelligent people so let’s do it ourselves and pay €600 instead of €20,000. I cannot argue with that logic.

The Problem is that what is not apparent to you is that for better or worse the court system in Ireland (and everywhere) has not been perfected by Google to enhance the user experience. What you will encounter seems to be an archaic world of Forms with unusual titles like Civil Bill, Unusual terms like affidavit of service, unusually titled people like Commissioner for Oaths, and a Customer Service Model that essentially was designed to deal with solicitors, not the General Public. As well as this you will be required to enter the labyrinth that is dealing with the banks on obtaining approvals, succession rights, and of course Pension companies and death in service benefits and on and on. Even with all this, with the required persistence and research the path may be navigated.  However, what happens when one spouse and another spouse disagree about any aspect of their agreement? Unsurprisingly because of the nature of the proceedings, this has understandably a high probability of happening. This is where at some stage the call comes to a solicitor’s office. I’ve reached a stumbling block or my spouse has stopped agreeing and the court office says I need something called a judgement in default (whatever that is).

Now see it from our point of view. Compare it to a builder who is being told that a person with no building experience has built the house to the halfway point and now they need help. Oh, and they also want you to stand over the work already done so if the house falls and hurts somebody it will be your responsibility. It is not an attractive proposition and in fact, it requires more work to fix something than to start cleanly and correctly from the start. That is why the same boring but necessary work needs to be done. In the same way, the professional builder creates a solid foundation, we have to assess the financial situation and foresee what a judge will deem a reasonable and fair dissolution of assets.

So I can clearly see the impetus amongst people to attempt to do it themselves. I understand that there is enough difficulty going on in their lives without having more expenses put on their shoulders.  Unfortunately, it is better to realise it now that there is no shortcut to putting both of you on a sound legal footing to move on with your lives. It is better to bite the bullet now and face the pain now. It is better than the alternative of spending multiple wasted hours and then ending up ringing up the solicitor’s office anyway.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

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The post Why DIY Divorce is not suitable for People with Property or a Pension? appeared first on The Family Practice.

What is a Separation Agreement?

In its most basic terms, a separation agreement is a legally binding contract between the spouses that specifies each spouse’s future duties and responsibilities. The main term will be that the spouses will in future live apart which removes the spouse’s duty to cohabit with one another. It also includes a clause called a nonmolestation clause which effectively means not to molest, annoy, disturb or interfere with each other. It also sets out the living arrangements of the children, the maintenance, and the access. It can include terms on what is to be done with the family home and the spouses’ succession rights. 

Who are Separation Agreements Good for?

These agreements can be suitable for people who for whatever reason do not want anything official saying that they are divorced or separated. They can also be suitable for parties who have parted ways in a quite sudden manner and want to negotiate their short to medium relationship with their ex-spouse. They are also effective where there are no assets that the spouses own. The perceived benefits of a legal separation agreement are that it is a cost-effective solution and can also be quite a quick solution with amicable and motivated spouses. 

So what are the steps to create a Legal Separation Agreement in Ireland?

The old-fashioned way was that both spouses would go to their respective family law solicitors and thrash out the agreement. This doesn’t happen that much now as one only needs to wait one year to obtain a court order of a Judicial separation. It is much more common for couples to attend mediation and come out of mediation with a signed mediation agreement. With either of these agreements, most solicitors will advise that it is more desirable to go to court for one main reason. 

The reason for this is …The Lawyers’ first rule of fight club. This is when people enter into any agreement the last thing they imagine when they enter it is that the other person will break the agreement. The first thing the solicitor thinks about is what will happen when one person breaks the agreement. We solicitors probably don’t put this out there front and centre because once you have worked in the legal industry for any length of time, it seems so obvious. We are trained to try to see into the future and imagine all the things that can go wrong. We then think into the future of our client coming to our office with this future problem and imagine what practical solution we have for our client.

An Example of a Separation Agreement in Practice

So a case in point, a separation agreement sounds great and in certain circumstances can be ideal. But mostly just think about it, Mary and John’s relationship ends and they have two children. Everything is amicable so it is accepted by John that he move out and rent a place with room for the children to stay 3 nights per week. They agree on maintenance at a certain amount bearing in mind John now has to pay very high rent. Mary accepts that because they are now in a new reality and both their standards of living will have to be reduced as they will now have to support two homes. They both enter the separation agreement. After 1 year Mary meets a new partner who the children love and John decides to stop paying maintenance.

What is Mary to do? She goes to her local family law solicitor in Dublin and is advised that a separation agreement is just like any other agreement and that the court process required is expensive and lengthy as it is essentially the same expense as enforcing a big-time commercial agreement. Mary cannot afford these proceedings so she leaves it and her relationship with John deteriorates further.

Her solicitor advises her that this is the unfortunate reality and that perhaps if she had her time back, they could have spent a small bit more money and have made their separation agreement an order of the court. This would have required both to engage a solicitor, start a process and go to court. If this had been done, Mary would have been able to simply ask her solicitor to list the case in court. John would have been required to attend and explain his rationale for not obeying a court order that he had voluntarily and with legal advice agreed to. Equally, John’s argument could be accepted by the judge and the maintenance may be reduced.

What is The Best Approach for Separation in Ireland?

To sum up, in Ireland currently, people engage in mediation and have a mediated agreement and this can ultimately (if agreed upon by their solicitors as being fair) be ruled as an order of the court. It is important to remember that separation agreements are just contracts between two parties and cannot affect a third party. 

It is for this reason that they are entirely unsuitable for spouses with pensions as no agreement they come to can make the Pension trustee amend a person’s pension. Only a court order can affect this. Equally, an agreement between spouses that one person takes over the mortgage has no effect on the mortgage company unless their agreement is sought. The concept of the separation agreement is very sound and admirable but it just seems that currently the concept is given more practical effect these days by entering into mediation or by both spouses engaging solicitors with instructions to settle the case amicably. That is why we recommend talking to your local family law solicitor.

To learn more, you can read our FAQ about separation in Ireland.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

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Yes, it is. For one thing, we cannot meet clients face to face. This has meant that it is harder to create that all-important key ingredient that makes a good solicitor/client relationship: trust. When you meet face to face, one can observe body language, and see how they interact with other people. Even something as simple as seeing how tall the person is now not clear. The video consultation means that we simply have to work harder to develop that trust relationship. As divorce solicitors, we understand that it is not easy to divulge your private business with a complete stranger. It is understandably difficult after a video consultation for a client to decide that this is the person they wish to work with for the next 2 years of their life.

Will it be longer than two years now with the backlog of cases? Potentially yes but on average 2/3 of cases settle or reach an agreement rather than the judge deciding on a case. It should always be emphasised that an agreement made by you under your control is better than a situation being forced or imposed upon you by a judge. Going forward for both parties to agree and have a resolution that both parties can live with is overall better financially for both parties and leads to more harmony between the spouses. Strangely the prospect of a long delay in waiting for a hearing can create the impetus for one of the parties to start the settlement process by “making an offer”. So yes there will be delays but in cases where settlement is possible, cases will still be finalised.

As to the court system and divorce process in Ireland, it is arguable whether the courts were equipped for fraught family law cases before Covid 19 so I am not sure how well equipped they are going forward. In the Dublin Circuit family court, there would on average be 8 consultation rooms for 3 courtrooms so there was already the unfortunate position of estranged spouses having to sit across the foyer from each other as there are not enough private consultation rooms. I can only imagine that this will be exacerbated by the requirements of social distancing.  We have also had the advent of remote hearings by video. This can be challenging for solicitors and barristers as the technology in the courts is not as effective as the likes of zoom and teams. As well as this there is the added difficulty of the need for family law cases to be heard “in camera” ie in private. In normal times this is quite simple to police as anyone in the room who should not be there sticks out like a sore thumb. Where a code for a video Call is provided, it becomes more difficult as potentially it can be viewed by larger groups if litigants choose to provide the code.

However like everything with Covid 19, there will be challenges but where there is a strong will to keep providing the essential court services, it can with hard work be achieved.

Ideally, you could visit your local family law solicitor in Dublin, and hopefully, that will be possible again, soon.

*The information on this page is for general awareness only and does not constitute legal advice. Family law outcomes depend on individual circumstances and judicial discretion. You should not rely on this content when making decisions and should seek advice from a qualified solicitor about your specific situation.

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The post How Covid has impacted the divorce process and Family Law appeared first on The Family Practice.