Family Law in Ireland
FAMILY
LAW FAQ
What are the requirements for applying for a Divorce in Ireland?
1. At the date of the commencement of the proceedings, the spouses must have lived apart for four out of the previous five years.
2. There is no reasonable prospect of a reconciliation between the spouses.
3. Proper provision is or will be made for the spouse and dependent children.
How do you apply for a divorce?
The initial documents are:
- Family Law Civil Bill;
- Affidavit of Means
- Affidavit of Welfare, (depending on whether there are dependent members of the family).
- Affidavit of Means
- Affidavits of Service, i.e. Proof of sending all documents to the other side.
Other documents may be required as the matter progresses
Do I need my spouse's consent for a divorce?
No.
How does the court determine if a child is a dependant child?
Children are considered dependant if they are younger than 18 years of age, or 23 years of age if in school full time.
Do grandparents have rights to see their grandchildren?
Yes. Grandparents, and other relatives, can apply to the court for access.
How much will maintenance be?
It depends on the needs of the supported party and the circumstances of both parties. The Circuit and High Court have more discretion in maintenance than the District Court. The District Court can only award up to €500.00 per week to a spouse and €150.00 per child per week. Maintenance can also be awarded on a “lump sum” basis.
Can my spouse sell the family home without my consent?
Absolutely not. Both spouse are prohibited from mortgaging, leasing, selling, or transferring the family home without the other spouse's consent.
Can I get a pre-nuptial agreement?
Yes. However, pre-nuptial agreements are not recognized under Irish law at this time– so, it might not be worth the paper it's written on.
Can I get anything from my spouse's pension plan?
Yes. Pensions are part of your spouse's total income,
Will I lose my Social Welfare entitlements if I divorce?
No, social welfare entitlements remain so long as you don't remarry or live with someone else.
Will everybody know my business when I go to court for a divorce or separation?
No. All family law matters in Ireland are held ‘in camera'. (meaning, except for the court personnel and the lawyers, no one else is allowed in the court when your case is being heard.)
How do I get more information?
Just contact our office and we will be happy to discuss your matter with you.
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