Negotiations can take place at any time before the trial date in an attempt to resolve all or even some of the issues. If the case proceeds to trial then experts such as auctioneers, accountants, child experts may be called. The longer and more contested the case, the greater the legal and other professional costs will be. The issue of costs should be discussed at the first meeting with your solicitor. It will be difficult to give an exact figure for the costs that will be involved in your case as it very much depends on how your case proceeds.
Your solicitor should be able to give you some parameters to act as a guide and should also be in a position to explain their method of charge for example their hourly charge rate. Costs will be related to the complexity of your case, whether a barrister is engaged, the number of applications to Court that are required and how acrimonious matters become between you and your spouse. If you are unable to pay for your own solicitor you may qualify for Legal Aid provided by the State and you should contact your local Legal Aid Board Law Centre to complete a means test.
After your case is dealt with in Court a divorce decree will be sent to you setting out the terms of your divorce. This decree declares legally that your marriage is dissolved. On receiving your divorce, you automatically have the right to remarry. However, one spouse will still need to apply to the Court and serve a Family Law Civil Bill and accompanying Affidavits. In a consent divorce and where there has been prior agreement between the parties, the other spouse will not file a defence. Instead, they will sign Terms of Consent and have their matter listed before the judge.
This can take anywhere from 3 to 9 months depending on where you are in Ireland. When it comes to a contested divorce, that is you and your spouse cannot agree, then it can take anywhere between 9 months and 2 or 3 years to complete. A decree of divorce cannot be reversed, except in exceptional circumstances. This is a legally binding contract between you and your spouse.
It sets out your rights and obligations to each other as you end your relationship. The terms of the agreement are usually reached through mediation or negotiation through solicitors. If a couple cannot agree on the terms for living separately, they can apply to the court for a decree of judicial separation.
This is a legal document confirming that you and your spouse are no longer obliged to live together as a married couple. The court may also make orders in relation to other matters such as custody and access to children. When you apply for a decree of divorce, the court can review your existing separation arrangements. You and your spouse must live apart from one another for at least 2 out of the previous 3 years before you can apply for divorce.
Before 1 December , this was 4 out of the previous 5 years. The Act also says that a relationship does not stop being intimate just because the relationship is no longer sexual in nature. Proper arrangements must have been made, or will be made, for the spouse and any dependent members of the family such as children and other relatives.
You do not have to use a solicitor or a barrister when getting a divorce. If you wish, you can represent yourself. However, there may be complex issues that may make it very difficult to apply for a divorce without any professional help. If you and your spouse disagree about any issue, you are strongly advised to see a family law solicitor.
You and your spouse should not use the same solicitor. If you choose to hire a private solicitor, be aware that there is no fixed rate of charges for legal fees. Find contact information for solicitors' firms throughout Ireland on the Law Society website.
You can check if you are eligible for legal aid by contacting your nearest law centre. Legal aid is not free and everyone must pay a contribution towards costs. These clinics are confidential, free of charge and open to all. If you decided to separate or divorce, mediation can help you to negotiate your own terms of agreement. If you are represented by a solicitor, your solicitor must explain and discuss the option of mediation with you and provide a list of appropriate mediators.
If you choose to be represented by a solicitor, you must get a declaration from the solicitor that you have been told about mediation as an alternative to going to court.
You must include this declaration with your court application. The Family Mediation Service is a free service provided by the Legal Aid Board to help couples in Ireland to negotiate their own agreement.
The Mediators' Institute of Ireland can provide a list of private accredited mediators. If you meet the conditions for getting a divorce in Ireland, either you or your spouse can apply to the court for a decree of divorce. This is a document saying the marriage is dissolved officially over and means that you are free to remarry. When making your application in your local Circuit Court office , you must submit 5 documents:. This document describes both you and your spouse, your occupations and where you live.
It also sets out when you married, how long you have been living apart for and the names and birth dates of your children. If you were previously separated from your spouse, you may have a separation agreement. If there is such a document, you must include it with the Family Law Civil Bill. This document is a statement that sets out your financial position, for example, your assets things you own , your income, your debts and liabilities money you owe and your outgoings.
This will have to be vouched unless its contents are accepted by your spouse. Vouched means you will have to prove that the information is true with documents such as bank statements, pay-slips and utility bills.
This document sets out the personal details of the children of the marriage. It describes where they live and with whom. It also describes their education and training, their health, any childcare arrangements and maintenance and access arrangements. This document is signed by a solicitor. If you are representing yourself, this form is not needed. You may need to provide an official translation if your marriage certificate is not in Irish or English.
These forms are available on the Courts Service website. You can also get copies of these documents from your nearest Circuit Court Office.
0コメント