Divorce Lawyers in Ireland - How to File for Divorce

Asset division in a divorce in Ireland is a sensitive matter, which is why it is best to rely on specialists for support to understand your rights. Our divorce lawyers are at your service if you are about to end your marriage and need representation.

Quick Facts
Conditions for divorce in Ireland	The spouses must live apart for at least 2 of the 3 previous years and must be permanently based in Ireland or having lived in the country for at least 1 year before application
Applying for a divorce in Ireland	An application is made by either spouse to the court for a decree of divorce
Separation agreement	A legally binding contract setting forth the rights and obligations upon ending the relationship
Judicial separation in Ireland	A decree that stipulates that the two individuals are no longer obliged to live together as a married couple
Required documents	Application form, sworn affidavit of means, sworn affidavit of welfare, the original state marriage certificate
Child maintenance	Described in the affidavit of welfare. Under law, both parents have the duty to financially maintain the minor child
Family home treatment	One spouse is prevented from selling, transferring, leasing the family home without the other's consent
Property adjustment order in Ireland	Is the order by which the court transfers or settles property (such as the family home) in favour of the other spouse or a dependent child
Pension adjustment order	When the court decides that the pension of one individual is to be shared with the former spouse or any dependents
Child custody	One parent is granted custody in case of divorce or judicial separation. The other parent is granted access at times. Joint custody is possible.
Factors considered for the division of assets	The financial situations of each of the spouses is taken into account before the court decides on the division of assets
Recognition of foreign divorce in Ireland	If the divorce was granted in a country where one or both spouses were domiciled. Exemptions can apply and former spouses can apply for recognition with an Irish court
UK divorce recognition in Ireland	The Withdrawal Act allows for the continued recognition of divorces and separations granted in the UK
Mediation services from our specialists	Yes, upon request
Divorce representation from our lawyers in Ireland	Yes, complete legal assistance and representation in divorce cases
When to use mediation	As a first step in negotiating the terms of the agreement
Documents to submit when the divorce in Ireland is contested (you do not agree)	Appearance, Defence, Affidavit of Means, Affidavit of Welfare, Document certifying being advised on mediation
Court hearing date	Issued after the submission of the document
Court hearing type	Private
Can be joined by a chosen party	Yes, the court can allow you to be accompanied by another person during the proceedings
Documents to submit when the divorce is agreed upon	The Family Law Civil Bill (application form), the Affidavit of Means and of Welfare, separately for each party, and other documents as needed
Interpreter during the court proceedings	Your solicitor can inform you on the need and the possibility to use an interpreter in court if needed
Case progression	Overseen by the county registrar
Circuit Court Rules questionnaire	Filled in by each party, it is detailed and allows the Court to identify the issues (both the agreed and the disputed ones)
Initial hearing	Takes place before the county registrar, after the issuance of the court proceedings
Matters discussed during the initial hearing	Further pleadings (if any), vouching, discovery, expert reports, etc.
Preparations for the family law hearing	Prepare the documents with the help of your divorce lawyer in Ireland
Attending the hearing	Your case may go through a call-over on the scheduled day (a check to determine if the case is ready to go ahead or not); if all is in order, you will be called to the appointed court for the hearing. Taking pictures or recording is not permitted.
Special consideration for the children	Coping with the breakdown of a marriage is difficult for the parents and the children alike; careful consideration is recommended according to the age of the child or children
When to contact our divorce lawyers in Ireland	As soon as you decide to separate or divorce (even if you did not reach a mutual agreement on this matter with your spouse)

Who decides on the division of assets in a divorce procedure in Ireland?

The division of assets is decided by a judge in the Circuit Court or the High Court, depending on the stage of the procedure.

What is the first step in the procedure related to the division of assets in Ireland?

The first step in the process of dividing the assets is the disclosure of all the financial assets owned by the two spouses. In this sense, they are requested to declare the following aspects by subscribing the original documents:

their assets;
income;
pension and life insurance.

What happens if a party does not want to disclose his/her assets?

If a party refuses to disclose the information, the other one is entitled to file in the court for an order of discovery of documents, but only after the procedure for judicial separation or divorce has started; our team of Irish divorce lawyers can offer you legal assistance in this sense.

Is it possible for the parties to agree on the division of assets?

Yes, this is also possible in an amicable divorce. Our Irish divorce lawyers can mediate the meetings for a smooth procedure.

You can read about the divorce procedure in Ireland in the infographic below:

Does the principle of equal division of assets apply in Ireland?

No. The decision is at the discretion of the judge, who will consider several factors when ruling on the division of assets. This is why the advice of an Irish divorce lawyer is so valued.

What are the criteria based on which the division of assets is made in Ireland?

The Irish judge will consider:

the income of both parties;
the earning capacity of both parties;
the property to be distributed between them;
the financial resources of the spouses;
the duration of the marriage and age of both spouses;
the contribution of each spouse to the family estate.

IMPORTANT: The judge will also consider future earnings or capacity to access other financial resources in the future.

What are the assets that can be divided in a divorce in Ireland?

The main asset is the family home or shared home in most cases. However, there can also be other goods, such as:

other real estate, such as lands;
money in bank accounts, which may come from investments, savings, or deposits;
pension income;
company shares or other business interests;
other valuable goods, such as works of art, motor vehicles.

NOTE: Debts are also considered in division of assets cases in Ireland.

In case you need advice on how to arrange the terms of the divorce and division of assets, our law firm in Ireland can offer it.

We invite you to watch the following video on the divorce procedure in Ireland:

Who gets the home in a division of assets procedure in Ireland?

The decision is made in court by the judge, based on the principle of the family and shared home, as follows:

the family home is the one in which the formerly married couple lived. In most cases, the property will be owned by both spouses (although there may be cases in which only one of the former partners owns the home).
the shared home is the one in which civil partners reside, and it can also be held in the name of one or both partners.

Are there any assets excluded from consideration when dividing assets in a divorce in Ireland?

Yes, family gifts and inheritance prior to marriage may be excluded from the standard procedure.

If you need further information on the division of assets in Ireland, please contact our law firm in Ireland for assistance or legal representation in front of an Irish court. Our divorce lawyers in Ireland can assist with more information on the applicable legislation and can represent parties who want to file for divorce in this country.