Divorce : the process

Divorce Law - the grounds for divorce

Divorce petitions can be based on the following facts:

• Adultery
• Behaviour
• Desertion for a period of two years
• Separation for a period of two years with consent of the other person
• Separation for a period of five years

If you are getting divorced you should also consider updating your will.

Divorce : the process

• A 'Petition for Divorce' is sent to the county court, with 'The Statement as to Arrangements for Children' if children are involved.
• The Divorce Petition is issued by the Family Law Court
• 'Acknowledgement of Service' and photocopies of the documents are sent to the husband / wife (the Respondent). This form asks a number of questions, including if the divorce will be opposed. If not, it will be a 'non defended case'. This should be returned within seven days of receipt.
• A copy of the 'Acknowledgment of Service' is sent to the Petitioner.
• The Affidavit in Support of the Petition' is then sent to the court when applying for the divorce. This is prepared for you by your solicitor.
• If the court is satisfied that the marriage has irretrievably broken down and one of the five facts (above) applies, the judge will fix a date for the 'Decree Nisi' of divorce to be pronounced.
• Six weeks after the Decree Nisi is pronounced, the Decree Absolute can be applied for by the Petitioner - and when the Decree Absolute is pronounced the divorce is completed.

A divorce generally takes around six months, but this can be longer or shorter depending on how co-operative each partner is.

If you wish to defend a divorce.

If you wish to defend a divorce, for example for religious reasons or denying the facts within the petition, this can make a divorce extremely expensive. If you wish to protest against one of the five facts, you should bear in mind that this will not be used by the court to deal with Children's or financial issues (unless the allegations are very serious). Defending a divorce is very unusual.

The proceedings can be stopped at any time until the Decree Absolute is issued. The court may adjourn at any stage if it will enable attempts at reconciliation.

Settling the finances between yourself and your partner is separate to the divorce proceedings.

Settling the finances between yourself and your partner is separate to the divorce proceedings, although it is sensible for this to happen at the same time. If an agreement cannot be made then an application can be made for the Family Law Court to deal with a financial settlement. If an agreement can be reached your divorce Solicitor can draft a Consent Order for you.

When signed by both parties this document can be lodged with the Court for approval at any time after the Decree Nisi is pronounced. When approved by the court, this agreement will become legally binding on both parties.