When someone decides to end their marriage it is perfectly natural that they then want the whole process over as quickly as possible. In order to reduce conflict, it is felt that it is best to move on with one’s life as quickly as possible.
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:
- Will your spouse completely not cooperate with the process?
- Will there be a big battle over finding out how much each party has?
- 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.
How long does divorce take and how much is it has I’m not working I’m a full time mum to 6 kids I know longer want to be with my husband just want ti’s over and done asap