Divorce is never an easy subject to talk about. It still carries some stigma and is often seen as a last resort. But for many couples, separation is the only way forward. Understanding what to expect during the divorce process can make the journey feel less overwhelming.
Below, our family law team at Dillon Solicitors sets out a clear, honest, step-by-step guide to the divorce process in Ireland.
Step 1: Check You’re Eligible for Divorce
Before you can apply for divorce in Ireland, you must meet certain legal requirements:
- Living apart – You and your spouse must have lived apart for at least two of the last three years before making the application.
- Domicile or residency – At least one spouse must be domiciled in, or have been living in, Ireland for at least one year before applying.
- No reasonable prospect of reconciliation – The court must be satisfied that the marriage has broken down irretrievably.
- Proper provision – Adequate arrangements must be in place for both spouses and any dependent children.
If you’re unsure whether you meet these requirements, speaking with a family law solicitor can give you certainty before moving forward.
Step 2: Consider Mediation and Seek Legal Advice
Before rushing into paperwork or court, it is wise to pause and explore alternatives:
- Is the marriage really over? Have you tried marriage counselling or speaking to your partner seriously about how to move forward from your relationship issues? Ensure that you have exhausted
- Seek advice from a solicitor – A confidential consultation will help you understand your rights, responsibilities, and options.
- Consider mediation – Mediation allows couples to discuss arrangements for children, property and finances in a structured, neutral setting. While not suitable in every case, mediation can reduce conflict and costs and help reach an agreement more quickly. You will still have to go to Court for the divorce, but you will be arriving at Court with an already agreed proposal. This makes the process less stressful and more in your own control.
Even if you pursue mediation, it is still important to have legal advice to ensure any agreement is fair and enforceable.
Step 3: File the Paperwork
The next step, when you are ready to proceed formally, is to begin with all the paperwork:
- The applicant (the person initiating the divorce) files a Civil Bill in the Circuit Court or High Court.
- A sworn Affidavit of Means (detailing financial position, income, assets, pensions, debts)
- An sworn Affidavit of Welfare (if there are dependent children, setting out living arrangements and care).
- A document stating that you have been advised about mediation (if you are using a Solicitor)
- Your Original State Marriage Certificate (if you have misplaced this, you will need to obtain a replacement, which can take a few weeks to arrive)
These documents are then sent to the relevant court office for issuing, where they will be stamped and assigned a record number. They are then served by you, on the other spouse (the respondent).
Step 4: Respond and Agree Terms
Once served, the respondent must reply within 10-days to confirm receipt, followed by a further 10 days to supply their defence. At this stage, the couple has an opportunity to agree on the terms of the divorce.
- If both parties agree on key issues – such as child custody, access, maintenance, division of property and pensions – the process can be relatively quick.
- If disagreements remain, the case will move to a court hearing where a judge will decide.
Step 5: Court Hearing (If Needed)
If you and your spouse cannot reach agreement, the case will go before a judge.
- At the hearing, the judge will review finances, property, pension entitlements, and custody or access arrangements for children.
- The court’s main concern will always be the welfare of dependent children and ensuring that proper provision is made for both spouses.
A court hearing may feel daunting, but having experienced legal representation ensures your interests are fully protected.
Step 6: The Decree of Divorce
Once the court is satisfied with all arrangements, it will grant a Decree of Divorce. This formally dissolves the marriage and means both parties are now legally free to remarry.
It is a significant moment – often emotional – but also an important step towards clarity and closure.
Step 7: After Divorce
Even after a divorce decree is granted, there may still be practical matters to address:
- Maintenance – Agreeing or finalising ongoing financial support
- Property transfers – Updating property ownership or moving to new accommodation
- Updating documents – Reviewing your Will, insurance policies, pensions, and other legal or financial records to reflect your new circumstances
- Legally changing your name (if you wish to do so)
Your solicitor can guide you through these final steps to ensure nothing important is overlooked.
Taking the First Step
Divorce is rarely straightforward, but with clear guidance and support, the process can be managed with dignity and confidence. At Dillon Solicitors, our family law team has extensive experience in helping clients through every stage – from eligibility and mediation to court representation and beyond.
If you are considering divorce, the most important step you can take is to seek confidential legal advice early. This will give you clarity on your position, help you plan ahead, and ensure you make informed decisions about your future.
Contact Dillon Solicitors today to arrange a confidential initial appointment with our Family Law team. We are here to listen, advise and support you at every stage of the journey.
