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Divorce costs

  • 15-10-2007 8:53pm
    #1
    Registered Users Posts: 484 ✭✭


    Would anyone have any idea how much a divorce would cost, an amicable one without children.
    Thanks


«1345

Comments

  • Registered Users Posts: 313 ✭✭nodolan


    You can do it yourself for as little as 200 euro (or less).

    If it's all completely uncomplicated/uncontested then you can draw up the documents yourself, lodge them with the registrar of the Circuit Court, serve them to your ex and wait for your court date. The only costs involved are court fees and a few quid for a solicitor to say that there is no chance of reconciliation.

    Sample documents here:

    http://www.divorceinireland.com/Pages/thedivorceprocess.htm

    You can buy the documents from legal stationers or get copies in a library (or even adapt the sample ones on that website).

    You can also get a few from the Courts website:

    http://www.courts.ie/courts.ie/library3.nsf/WebPageCurrentWeb/37E1F376836F9C2880256E04003B8DB2?OpenDocument&l=en

    :)


  • Closed Accounts Posts: 2 daddybear


    http://www.divorcebyconsent.com will do it all for 600 eur. I used them recently and thought they were very good,


  • Closed Accounts Posts: 40 chambers


    Would anyone have any idea how much a divorce would cost, an amicable one without children.
    Thanks

    I think it can cost at little as 600,,look up diydivorce.ie


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Would anyone have any idea how much a divorce would cost, an amicable one without children.
    Thanks

    I would like to add a counterweight to the other opinions above. Going to a solicitor is the best way to get a divorce. It certainly will cost a lot more than doing it yourself, but to be honest, if you wouldn't rewire your house on your own without knowing how to do it, don't do a DIY divorce.

    I would suggest that if you really, really want to do a DIY divorce, then at least read a few family law books to give you an idea of what the law is.


  • Registered Users Posts: 313 ✭✭nodolan


    I would like to add a counterweight to the other opinions above. Going to a solicitor is the best way to get a divorce. It certainly will cost a lot more than doing it yourself, but to be honest, if you wouldn't rewire your house on your own without knowing how to do it, don't do a DIY divorce.

    I would suggest that if you really, really want to do a DIY divorce, then at least read a few family law books to give you an idea of what the law is.
    Absolutely no need to read any Family law books.

    I'm doing my own divorce the first week of December (I did my own Legal Separation successfully) - I'm using copies of forms/documents I got from the library and old Word documents that I used for my Legal Separation (that I got from the library).

    You're crazy not to give it a try via DIY - solicitors make huge amounts of money simply because the normal guy thinks he has to read massive law books and understand complicated procedures but it's all actually quite simple.

    DIY all the way - I've priced it now and it will cost me 50 - 100 euro doing it myself and I have no training whatsoever - don't believe those who tell you that you can't do it all yourself. A solicitor will set you back two grand - that's crazy!!


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    nodolan wrote: »
    You're crazy not to give it a try via DIY - solicitors make huge amounts of money simply because the normal guy thinks he has to read massive law books and understand complicated procedures but it's all actually quite simple.

    Isn't re-wiring a house also quite simple? Electricians make huge amounts of money simply because the normal guy thinks he has to have special equipment and has to know how to connect the wires in the right way.

    Simply use a scissors and some blue tack and you can do just about any job that needs doing. It's all quite simple really.

    The reality of these DIY jobs is that you might do it correctly 1 time out of 10, but in the other 9 times you will electrocute yourself or cause a lot of damage to your house.

    A DIY divorce can go horribly wrong quite easily, not just when it's called in court, but years down the line. What if the other side contests it, or if years later they complain that they didn't get independent legal advice? What if one of the many ancillary orders is not made?

    I find it very hard to believe that people will spend lots of money on a church wedding and reception without any qualms, but will balk at paying anything to a solicitor for dealing with the resultant mess.

    If you are hard up for a few quid, go to the legal aid board. You may qualify for free legal aid for a divorce / judicial separation. You can also go around to a few solicitors and ask them how much they will do a consent divorce for. They may charge you less than they would for a contested divorce.

    But my advice doesn't even go as far as to say you must go to a solicitor. All I will say is that if you are going to do a DIY divorce, make sure you know what you're talking about before you do it. There are lots of books out there that explain the various laws and proceedures. Even looking at the Acts is a good start.

    So I have no problem with people doing a DIY divorce. Best of luck to you. But you need to know what the law is first. nodolan is simply wrong when he/she suggests that it is crazy to pay a solicitor to do a divorce. Don't just plunge in head first and assume that everything will be alright, because it may not be. The slapdash approach advocated by nodolan is a recipe for disaster. It might only cost him €100 now, but it may well cost him a lot more later on in life.


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    "It is a general principle in [Irish] law that no person needs to employ a lawyer if he/she does not want to and anyone can represent themselves in court. This is true of divorce just as it is of any other legal proceedings.

    In fact, if one wants to conduct one's own divorce it is perfectly easy to contact one's local [District / Circuit] Court and obtain the necessary forms. And for some people this is a perfectly satisfactory option so long as one is aware that the court staff cannot give legal advice and if one chooses to do these things oneself then one must (a) take the time to learn how to do it and (b) if anything does go wrong then one has to accept responsibility for it. To that extent it is very like servicing one's own car or doing one's own plumbing. It can be done but it does take the time to learn how to do it and if the job is bodged then there is no-one to blame but oneself.

    Before deciding to conduct a DIY divorce there are a number of things worth thinking about. Firstly, it is very difficult to be dispassionate when acting as a litigant in person. It is difficult to stand back from the case and look at it objectively. People have a very natural tendency to see things from their own perspective and not to look at matters dispassionately. It is sometimes very difficult for a wife whose husband who has committed adultery, for instance, not to feel that she has been "wronged" and that the courts will recognise this in any settlement. They will not. This very often spills over into naming 'the other party'. In general that is not a good idea but people do not usually realise that until they have made the mistake of doing so.

    It is important to realise that the law is a technical matter just like any other learned skill and it is easy to make mistakes. For instance, it is simple for a layperson to assume that if, say, a husband leaves home and chooses to work overseas then that is unreasonable behaviour on her husband's part and that should entitle her to obtain a divorce based on unreasonable behaviour. However, there are at least two other grounds for divorce which might apply in this situation - desertion or separation. If the person in this case had issued a divorce based on unreasonable behaviour then it would depend entirely how the particulars of behaviour were drafted whether such a petition would be acceptable to a court. If the court decided that the particulars as drafted indicated desertion or separation rather than unreasonable behaviour then the petition would be rejected.

    Pitfalls such as the above are common and can turn what might have been a straightforward divorce for a professional into something which it is really difficult for a layperson to disentangle. Before deciding to embark on a DIY divorce one must think carefully about these issues. A DIY divorce is possible and perfectly feasible in some cases but they are rarely quite as simple as one imagines if one has had no experience of dealing with divorce before." Thanks to http://www.ondivorce.co.uk/diydivorce.htm for summing it up.

    nodolan, not being smart but you are pushing the DIY route prematurely in that you will not know how successful it has been for you, or the final cost until you have your decree in your hand in December? Wishing you luck with it in any case..


  • Registered Users Posts: 313 ✭✭nodolan


    Program on Sunday evening on RTE1 at 8.30pm about DIY divorce.

    http://www.rte.ie/tv/listing.html?date=1

    Highly Recommended
    Money-saving programme presented by Joe Duffy. This edition looks at the value offered by DIY divorces, and demonstrates how to save a bundle by importing a car from the UK.

    Guys I qualified what I said in my OP:

    If it's all completely uncomplicated/uncontested then you can draw up the documents yourself, lodge them with the registrar of the Circuit Court, serve them to your ex and wait for your court date. The only costs involved are court fees and a few quid for a solicitor to say that there is no chance of reconciliation.

    I did my own legal separation - I made one mistake on the main document and I corrected it with the help of the registrar who pointed it out to me and I got my separation no problem (I wasn't even in the country when it came through - that's how confident I was about it all). The divorce papers are incredibly similar to the separation ones.

    You also forget that divorce in Ireland is no-fault and isn't actually final - either person can come back to the courts at any stage years later and ask for the judge to revisit the terms of the divorce so talking about things going wrong in an amicable divorce with no kids or property issues isn't relevant IMO. The registrar will check your documents for you, you can pay a solicitor to read through the documents (that cost me 30 euro) and if they are seriously flawed they will be rejected before they ever go near a judge.

    Relax and have faith in yourself :p

    edit: Thanks for the well wishes Rhonda9000 (I won't have the final decree until January or February though).


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    How do you convince a solicitor to say that there is no chance of reconciliation if he does not know you? Are you not obliged to go to some sort of counselling before you can proceed?


  • Registered Users Posts: 313 ✭✭nodolan


    ^ You're kinda taking an oath in front of the solicitor - he asks you what you've done to bring about reconciliation and/or if you actually want it - at least that's what happened with me for my separation (and we had gone to couple counselling). He takes your word for it and signs the document to say that he's discussed it with you and he's satisfied that there's gonna be no reconciliation.

    edit: I don't deny that the whole thing is/was quite formidable and intimidating (and emotional) but once you've wrestled with the legal system and come out the other side it is actually (from the perspective of coming out the other side) quite straight forward.


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    nodolan wrote: »

    Guys I qualified what I said in my OP:

    If it's all completely uncomplicated/uncontested then you can draw up the documents yourself, lodge them with the registrar of the Circuit Court, serve them to your ex and wait for your court date. The only costs involved are court fees and a few quid for a solicitor to say that there is no chance of reconciliation.

    I think the problem here is knowing that it is uncomplicated. If there are two people who are married, both unemployed, neither has nor ever will have any money or assets, no property, no children, no pensions, and both of them are happy to move on and never remarry, then it might be uncomplicated.

    Will you perhaps accept an analogy - you buy an apartment. You think it's a straightforward document so you do your own conveyancing. For 20 years you live in the apartment, struggling to pay the mortgage and then you retire and want to sell it on. No one ever disputes that it's your apartment or that you are entitled to live in it. Then, you try to sell it and the purchasor's solicitor discovers that there is a flaw in the title. Your apartment cannot be sold, and you have spent 20 years labouring under a false assumption, but now you can't claim negligence against your solicitor because you never had one.

    But you even seem to accept that it was worth it to get a solicitor to look over your documents beforehand. So even if you did most of the separation yourself, you still got some measure of legal advice beforehand.

    nodolan wrote:
    I did my own legal separation - I made one mistake on the main document and I corrected it with the help of the registrar who pointed it out to me and I got my separation no problem (I wasn't even in the country when it came through - that's how confident I was about it all). The divorce papers are incredibly similar to the separation ones.

    You were lucky to have met a registrar who 1) knew his/her stuff and 2) was prepared to help you. You must accept that if you didn't meet that registrar and didn't seek legal advice you might have been in serious trouble. If you weren't in the country at the time, who put it through for you? Are you sure it was a judicial separation or was it a separation agreement?
    nodolan wrote:
    You also forget that divorce in Ireland is no-fault and isn't actually final - either person can come back to the courts at any stage years later and ask for the judge to revisit the terms of the divorce so talking about things going wrong in an amicable divorce with no kids or property issues isn't relevant IMO. The registrar will check your documents for you, you can pay a solicitor to read through the documents (that cost me 30 euro) and if they are seriously flawed they will be rejected before they ever go near a judge.

    You are here stating principles of law (whether right or wrong I'll make no comment) but you earlier suggested that people don't need to find out anything about the law before a DIY divorce. It also seems clear that it would be better to get a divorce done correctly first time so that your spouse can come back later and say "I didn't get independent legal advice".

    Honestly, I think arguments like yours are based on the idea of "I don't want to pay a rich professional a couple of grand for [what seems to me to be] a few days work". Think about it in terms of having an element of certainty about your personal and financial affairs. At the very least, go to your local legal aid board law centre and see if they will help you out somewhat (for a nominal fee). Or contact FLAC. Ask a solicitor how much they will charge for just a consultation as to your options. Read some law books. Don't just do it yourself and hope everything will be alright.


  • Registered Users Posts: 313 ✭✭nodolan


    I'm sorry to be offensive but you obviously haven't a clue what you're talking about.

    Getting a divorce and buying an apartment? There is no analogy. There is no liability on the part of your solicitor if things go pear-shaped with your divorce (I'm pretty sure there's no liability in the other part of your analogy either).

    I already said that I got 'some measure' of legal advice in my OP - I said that it cost me less than 200 euro - I really don't understand why you guys continue with these fear-based and ignorant replies - and then you question me as to whether or not I actually understand if I got a legal separation or a separation agreement?!?!

    Why do you find it so hard to believe and accept that someone can actually do it for themselves? I did my own separation agreement, I got the outline from oasis.ie and used that. This 'outline' that we both signed at the time was accepted by the court as legitimate and was okayed as proof that we were apart for one year and we were granted a legal separation (I'm looking at the documents on the table in front of me).

    I was actually married in another EU country and I got the documents translated officially as well (including a stamp called the Apostille stamp). I figured all of this out by myself using the internet and my local library.

    My ex-wife appeared in court on the day but she didn't have to - once the papers are submitted and there is a 'no contest' it's passed - end of.

    The reason why I made a 'mistake' was that I wanted to state that my wife had been unfaithful (unacceptable behaviour) but my wife phoned me and told me she would challenge it - I asked the registrar (in Cork city) what I needed to change and she told me (cautiously) and I resubmitted the documents at no extra cost with no added delay.

    We were given a court date, I was unable to attend (I wrote a letter to the court to explain this) and the legal separation was granted - again end of.

    There is no wrong way per se to get a divorce - the registrar will reject your papers at the first hurdle if they're not done correctly and then the judge will question you in court and explain to you what you've asked for and what you'll get if you proceed (my ex told me this).

    Again I say - divorce in this country isn't final - no matter what you state in your documents and no matter what your grounds for divorce are it is still liable to be re-opened at some later stage by either side regardless of whether or not you've retained the services of a solicitor.

    Please stop being so afraid and naive guys and gals - it really is very straight forward (when there are no kids or property involved as I stated in my OP).

    Are you a lawyer johnnyskeleton by any chance? Free Legal Aid has a waiting time of up to two years for divorces (here in Cork) and I already stated that I asked a solicitor to look over my papers and that it cost something like 30 euro.

    Have you ever opened a law book (if you're not a solicitor)? Most of them are too heavy to lift to the table of your local library never mind about reading them - seriously guys watch the program on RTE1 on Sunday night or buy the DIY Divorce book from Easons and get back to me and for the love of Zeus stop kowtowing to the legal profession. I'm a computer expert but I accept that some people can fix their own PCs without me.

    You can do it yourself - many have and many more will.


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    nodolan wrote: »
    Getting a divorce and buying an apartment? There is no analogy. There is no liability on the part of your solicitor if things go pear-shaped with your divorce (I'm pretty sure there's no liability in the other part of your analogy either).

    Nodolan, the analogy was in the idea that if a solicitor cocks up/ is negligent regarding a clients conveyance/divorce/legal proceedings - the client will not suffer as the solicitor is indemnified. However if the lay person is keen on conveyancing, does it and cocks up (as in johnny's apartment example) they bear the entire loss themselves.


  • Registered Users Posts: 313 ✭✭nodolan


    I drew up my divorce papers - it took two hours of copying/pasting/editing - I wandered down to the courthouse on Washington Street (Cork) showed them to the registrar - she said that everything was in order. I submit them this Wednesday - there are four pages (one is a copy of my legal separation the other three are the Civil Bill) - I have to make three copies (that's twelve pages). I take the three copies of the four pages to the registrar on Wednesday - she signs and stamps them - she keeps one lot, I keep one lot, I send one lot to my ex via registered letter. I take the receipt for the registered letter back to the courthouse with a Notice of Service and give it to them. After some time the court writes to me with a date. I go to the court and get them to sign a document for the court date - three copies again - I send one to herself via registered letter - we go to court and get divorced - registrar said it will be all over by March. I included a section 18 blocking order - no succession rights at the death of either person.

    Total cost? Photocopying and registered letters - approx €12.

    If anyone wants to PM me I'll email you the document templates.


  • Registered Users, Registered Users 2 Posts: 341 ✭✭Croc


    Did my own, cost me about €50 most of that was getting Papers signed by Commissioner for Oaths and Registered Post to get stuff served on the ex


  • Closed Accounts Posts: 26 kopparberg


    ive heard that a person is refusing to consent to a divorce on the fact that they beleive that its morally wrong. person is very religous and claimes that its against their religon.

    can somebody refuse to get divorced.
    can a judge at a hearning of the case order the divorce.
    has any cases been stated in ireland on same?


  • Registered Users Posts: 313 ✭✭nodolan


    A person can refuse on all kinds of grounds but ultimately if all the documentation is in place and a judge is satisfied that everything is in order he will grant the divorce to the applicant. I can't reveal names etc. but I knew a woman in Naas who was religious but her husband was fanatically religious (and unfaithful to her) and he denied her application for an uncontested divorce - fought her all the way and clogged up the court with all kinds of religiosity but the judge saw through it all and granted her the divorce.

    The grounds for divorce are actually simpler than the grounds for a legal (judicial) separation - living apart for four out of the last five years and no reasonable hope of reconciliation - end of.

    My own update - so far it has cost me 15 euro and 45 cent - that was 10 euro for a solicitor's signature and 5 euro for a registered letter and 45 cent for photocopying. The documents are in, signed and stamped by the registrar in Cork (who was very helpful and friendly) and now I'm waiting for my ex to reply with No Contest and then I serve her again with a Court date - that will cost me the same amount so the total will be around 31 euro.


  • Closed Accounts Posts: 1 lily kilbride


    Could I get information of exactly what I need to do for a quick cheap divorce. We are not entitled to anything from each other.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    We are not entitled to anything from each other.
    The judge might disagree there. That's good old Ireland for ya. :(


  • Registered Users Posts: 313 ✭✭nodolan


    Could I get information of exactly what I need to do for a quick cheap divorce. We are not entitled to anything from each other.
    Well as Bond-007 sorta said that depends. Being not entitled and whether or not someone will contest a divorce are two different things - plus - if there are any financial interests or property or kids involved then that's a whole different ball game.

    So lily kilbride - does any of the above apply to you or is it a simple and clean break with absolutely no kids, finances (including debts and maintenance) or property involved etc.?

    :)


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  • Registered Users, Registered Users 2 Posts: 292 ✭✭jubi lee


    q


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Generally yes. You just have to prove that the other side are aware of the proceedings and has been served with the papers correctly. Easier if both sides attend but not strictly necessary.


  • Registered Users, Registered Users 2 Posts: 292 ✭✭jubi lee


    great. thanks!


  • Registered Users Posts: 104 ✭✭pounder770


    nodolan wrote: »
    I drew up my divorce papers - it took two hours of copying/pasting/editing - I wandered down to the courthouse on Washington Street (Cork) showed them to the registrar - she said that everything was in order. I submit them this Wednesday - there are four pages (one is a copy of my legal separation the other three are the Civil Bill) - I have to make three copies (that's twelve pages). I take the three copies of the four pages to the registrar on Wednesday - she signs and stamps them - she keeps one lot, I keep one lot, I send one lot to my ex via registered letter. I take the receipt for the registered letter back to the courthouse with a Notice of Service and give it to them. After some time the court writes to me with a date. I go to the court and get them to sign a document for the court date - three copies again - I send one to herself via registered letter - we go to court and get divorced - registrar said it will be all over by March. I included a section 18 blocking order - no succession rights at the death of either person.

    Total cost? Photocopying and registered letters - approx €12.

    If anyone wants to PM me I'll email you the document templates.

    PM sent...


  • Closed Accounts Posts: 1 gettingadivorce


    Hi Just following this thread.

    I would like to recieve the necessary papers. Its my first time on this site so I dont know how to PM someone. I had a legal seperation 7 years ago which cosr me 5K and now my solicitor wants another 5k to do the divorce.

    My ex and I are good friends and there is no contesting issues between us


  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right



    I would like to recieve the necessary papers.

    Well then you can try talking to a cheaper solicitor or alternatively try familiarising yourself with the rules of the Circuit Family Court and the plethora of forms, proofs and documents required. Some of which can be found by navigating around the Courts Service website.


  • Registered Users Posts: 313 ✭✭nodolan


    Hi Just following this thread.

    I would like to recieve the necessary papers. Its my first time on this site so I dont know how to PM someone. I had a legal seperation 7 years ago which cosr me 5K and now my solicitor wants another 5k to do the divorce.

    My ex and I are good friends and there is no contesting issues between us
    Hi there,

    I've supplied the documents to two people through this thread, both of whom have successfully and cheaply got their divorces since.

    Click this link to send me a PM, give me your email address and I'll email the docs to you. But after that I can't give you anything more than general guidelines as I'm doing my MA and am very busy.

    :cool:

    edit: My divorce cost me less than €40 - the fact that you have a legal separation in place (as I did), it's amicable and if there's no kids, property or monetary issues then you can do this in a couple of months for less than €50.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    €5000 is clearly extracting the urine.


  • Registered Users Posts: 104 ✭✭pounder770


    nodolan wrote: »
    Hi there,

    I've supplied the documents to two people through this thread, both of whom have successfully and cheaply got their divorces since.

    Click this link to send me a PM, give me your email address and I'll email the docs to you. But after that I can't give you anything more than general guidelines as I'm doing my MA and am very busy.

    :cool:

    edit: My divorce cost me less than €40 - the fact that you have a legal separation in place (as I did), it's amicable and if there's no kids, property or monetary issues then you can do this in a couple of months for less than €50.

    I am one such grateful recipient...I filed last year(assisted greatly by the sample documents)...i think 55 euro including all registered mail/certified copies/affidavits,and about 10/12 hours of my time covered everything.


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  • Registered Users Posts: 313 ✭✭nodolan


    pounder770 wrote:
    I am one such grateful recipient...I filed last year(assisted greatly by the sample documents)...i think 55 euro including all registered mail/certified copies/affidavits,and about 10/12 hours of my time covered everything.
    Hey well done pounder :D

    I've given someone else some advice who hasn't even posted (he contacted me via PM).

    Perhaps I should maybe upload the docs somewhere and put a link here?

    :)


  • Closed Accounts Posts: 2 harpoline


    After several years of separation I have decided that 2009 will be the year of the divorce. Thanks for all the information. I hope mine will be quick and easy too.:)


  • Registered Users, Registered Users 2 Posts: 1,024 ✭✭✭gar32


    I got a quote for E3000 for divorce and that was 1000 for barester etc. I know how simple when everything is in seperation agreement so I offered him E1400. He said no he could not drop price any more. I said I will do it myself. I went into family law office beside smithfield Luas stop. Ask the lady about divorce forms. Within 30sec she explained what I needed to do and drop the paper work back to her. If there is no issue with children or money issues from before it should cost less then E100. Fingers crossed for people :)

    happy divorce time :)


  • Registered Users Posts: 313 ✭✭nodolan


    My apologies for not keeping up with this thread and for not replying to your PM harpoline.

    Here are the divorce documents that I have been passing on to others:

    http://rapidshare.com/files/207148991/DivorceDocs.zip

    :)


  • Registered Users, Registered Users 2 Posts: 185 ✭✭Quaver


    Can I please just warn anyone that is thinking of going down the DIY divorce route, that if there are children, property or money involved, you will not be able to do it yourself, especially with kids. Also, if you are doing it yourself and things start becoming less amicable, go to a Solicitor straight away. You might have to spend money now, but in both cases you will save yourself a lot of money and stress in the long run.


  • Closed Accounts Posts: 2 harpoline


    Thanks everybody for your help,

    I will be back at some point to see how I got on


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  • Registered Users Posts: 124 ✭✭servicecharge


    If there are no issues between you both and you are happy to consent (being aware of your rights) then go for it yourself.

    Solicitors cost a lot because they have to sit down the family courts for hours waiting on a case to be called.

    Don't use DIY.

    WHY?: They charge 600 to give your forms that are freely available (just drop into your local court house) and a diy manual that you can buy in easons for 20. They simply put your name and address on the forms and fill in so simple details.

    DIY providers are not insured if anything goes wrong. They complain that solicitors overcharge but in reality they charge more per minute than any solicitor. The equivalent diy service in the UK charges £68, just shows the real value of the work!


  • Closed Accounts Posts: 1 pinkladypum


    I got a recommendation that I download some forms from here - Divorce papers. A friend said that if there's no property or finances to settle, then go with DIY. There are many places online where you can carry out a divorce.


  • Registered Users Posts: 313 ✭✭nodolan


    Quaver wrote:
    Can I please just warn anyone that is thinking of going down the DIY divorce route, that if there are children, property or money involved, you will not be able to do it yourself, especially with kids. Also, if you are doing it yourself and things start becoming less amicable, go to a Solicitor straight away. You might have to spend money now, but in both cases you will save yourself a lot of money and stress in the long run.
    I know of at least one person who is in the process of a DIY divorce who has both property and kids (it will involve maintenance) and because it is amicable everything is going well and without solicitors. Yes, if you find that you're in way above your head then by all means get legal advice.
    If there are no issues between you both and you are happy to consent (being aware of your rights) then go for it yourself.

    Solicitors cost a lot because they have to sit down the family courts for hours waiting on a case to be called.

    Don't use DIY.

    WHY?: They charge 600 to give your forms that are freely available (just drop into your local court house) and a diy manual that you can buy in easons for 20. They simply put your name and address on the forms and fill in so simple details.

    DIY providers are not insured if anything goes wrong. They complain that solicitors overcharge but in reality they charge more per minute than any solicitor. The equivalent diy service in the UK charges £68, just shows the real value of the work!
    I think you're confusing the matter here servicecharge - Do Use DIY if it's you that's doing it yourself - don't use a DIY Service is what I take it you're saying though there's no real harm going that way if you'd rather not take on the hassle directly. No one is insured if anything goes wrong in any scenario - there's no insurance for a divorce - it's all down to the judge in the end.
    I got a recommendation that I download some forms from here - Divorce papers. A friend said that if there's no property or finances to settle, then go with DIY. There are many places online where you can carry out a divorce.
    You can't get divorced online and you cannot use divorce papers from another jurisdiction - you must comply with the document formats of the Irish Court Service.

    Now everyone calm down. :P

    edit: @ harpoline - I'm free from next Monday on if you want to contact me with any questions. I'm up the walls this weekend getting a paper finished for college that's overdue but from Monday on it's a clear road. ;)


  • Registered Users Posts: 124 ✭✭servicecharge


    Sorry for the confusion, I did mean do not use a service.

    By all means handle the matter yourself if you are confident there are no issues: buy a book in easons for 20 quid.

    DIY service providers are a complete rip off.

    I find it funny that you can advocate using such a service to avoid the hassle.

    I'm saying to people don't use a service that is charging you 600 euro to fill in some forms.

    As for insurance: what happens if you use a DIY provider and they make a mistake and you find out your divorce is not valid?

    Or you find your ex coming back later on and taking a big whack from your pension because the DIY crew fecked it up on the pension adjustment order?

    If your solicitor screws up you know he/she is insured. If you screw up you can blame yourself. If a DIY company screws up they will just disappear.

    Like I said: if you want to do it yourself just buy a book in easons and ask for help in the Circuit court office nearest to you.


  • Registered Users Posts: 313 ✭✭nodolan


    As for insurance: what happens if you use a DIY provider and they make a mistake and you find out your divorce is not valid?

    Or you find your ex coming back later on and taking a big whack from your pension because the DIY crew fecked it up on the pension adjustment order?

    If your solicitor screws up you know he/she is insured. If you screw up you can blame yourself. If a DIY company screws up they will just disappear.

    Like I said: if you want to do it yourself just buy a book in easons and ask for help in the Circuit court office nearest to you.
    Hi ya servicecharge :)

    Firstly, it's impossible to find out that your divorce isn't valid. If your documents aren't in order you won't get past the Registrar never mind near the judge. Both the Registrar and the Judge will have gone through the documents and the judge will ask loads of questions on the day if he/she feels that everything isn't in order.

    I was offered maintenance at my wife's expense by the judge on the day even though I hadn't asked for it and hadn't presented any documents regarding income. I declined and he asked me a second time. These people are highly trained and educated, nothing will get past them.

    Secondly, divorce in Ireland is a No-Fault divorce and following on from that isn't technically final. Either spouse can come back later (even years later) and ask for the terms of the divorce to be revisited. Obviously there would have to be extreme circumstances to allow that to happen such as a wife who has custody of the kids discovering she has a terminal illness or that the husband had wealth that he never disclosed at the time of the divorce etc.

    :cool:


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  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Husband winning the lotto 10 years later is enough to reopen a divorce case.


  • Registered Users Posts: 313 ✭✭nodolan


    Bond-007 wrote:
    Husband winning the lotto 10 years later is enough to reopen a divorce case.
    Apparently that has happened!! :eek:

    I'm both terrified and excited at the thought of winning the Lotto. :o

    We do everything half-arsed in this country - divorce should be final (as final as death) IMO.


  • Closed Accounts Posts: 4 Lyonsie


    New to this 'board', but there seems to be a lot of 'you' out there with lots of info. regarding this subject... divorce costs.
    Am in the process of getting divorced myself at the moment. I qualified for free legal aid, so cost is minimal... The divorce is amicable, we still talk!
    Question is... He was served with papers twice and did not reply, as we are of the opinion that his non responce is a sign of agreement. Though the 'legalise' sounds terrifying... Should he get a solicitor to give a reply on his behalf, or can he just write to the court and state that he is not contesting this divorce.
    I am a 'just retired' civil servant, retired due to ill health. Will be in receipt of my small pension shortly (only had 10 years in the job) so there will be a small bit of pension adjustments etc. to be done, but in saying that he is in agreement of everything.
    We have one son, 16yrs old, who lives with me, and there will be some maintanance to be paid by his father. He is also in agreement with this.

    My ex does not have a 'high paying' job, so we both want to keep the cost to a minimum.
    Do we keep going the way we are, or have any of you any other suggestions.
    There is no property, money or anything of value, not even my pension!!!!


  • Registered Users Posts: 313 ✭✭nodolan


    Hi Lyonsie,

    All your husband has to do is write a letter to the registrar to say he's not contesting the divorce (he could even just give it to you and you can hand it to the registrar or judge on the day of the initial hearing). If there's no money, property or kids involved and there's no contest of any kind then he doesn't even need to turn up in court once he sends in his consent (no contest). If he refuses to cooperate then that's a different matter and you would have to serve him with other papers to compel him to respond, as it is he's in breach of court regulations by not responding to a Civil Bill AFAIK. OTOH the court may take the respondent's lack of response as a 'no contest' but that usually only happens after the court is satisfied that you've tried your best to get them to respond (again AFAIK).

    Good luck,

    Noel.


  • Closed Accounts Posts: 4 Lyonsie


    Thanks for that. We will draft a letter to that effect. As there have been two hearings already, neither of us attended as my solicitor was there and he thought his absence would be showing his 'no contest', would it be ok to just drop a letter in now to court registrar, or should we wait for next hearing.
    Have a friend working in the circuit court office, so maybe I could have a word with her.


  • Registered Users Posts: 313 ✭✭nodolan


    Personally speaking I'd lodge the letter with the court asap but that's my 'always need to have everything in place asap' mentality LOL so bringing it with you to the next hearing is ok.


  • Closed Accounts Posts: 467 ✭✭etymon


    Fair dues to you nodolan.
    I'm a lawyer myself and the fees charged for family law are astronomical.
    There is a tendency for solicitors to use five or six grand as a baseline - even if all the issues are clear-cut - doesn't matter - that's the minimum charge, kind of like when you get into a taxi and they put up the meter for allowing you to sit down!
    I would certainly advise couples without children or significant assets who are in agreement that they want a clean break to draw up the (extremely simple) documents themselves and present themselves to a judge. You then have three adults in a room who are perfectly able to address any typos or mistakes in a civil bill (document seeking divorce/separation) and sort out the necessary orders. If you forget to put something in or are unsure about the orders - say it to the judge. They will sort it out.
    However, I would strongly advise couples with children (maintenance, access, custody issues - may not be an issue but will most likely crop up somewhere down the line - remember kids are 'kids' til they're 23 if in college) or significant assets to instruct a solicitor. Bargain with them. Trust me, they need business these days. Ask for a fee estimate from them - a detailed one - and the barrister who is conducting your case. Otherwise, move on until you find a solicitor who will give you the heads up on costs because that is what you are entitled to.
    Best of luck all !


  • Registered Users Posts: 313 ✭✭nodolan


    Thank you etymon, sincerely. Offline (as well as online) I've had people call me all kinds of names and question my sanity for doing it myself and advising others to do DIY divorces etc. - it's very rare to be thanked - the docs I provided have been downloaded dozens of times and only 3-4 people said thanks but I'm happy that people are doing it for themselves and I totally endorse what you say about seeking help for more complicated divorces.

    Thanks again,

    Noel.


  • Registered Users, Registered Users 2 Posts: 1,024 ✭✭✭gar32


    Hi all,

    Just wondering as I have my paperwork ready to go. Do I need to have all financial paper work i.e. pay slips and out goings etc before got to get stamp or will the writen information work? Ah the stress of it all.

    Thanks a Million!!!

    Gar32


  • Registered Users, Registered Users 2 Posts: 341 ✭✭Croc


    gar32 wrote: »
    Hi all,

    Just wondering as I have my paperwork ready to go. Do I need to have all financial paper work i.e. pay slips and out goings etc before got to get stamp or will the writen information work? Ah the stress of it all.

    Thanks a Million!!!

    Gar32


    You need to have an Affidavit of Welfare and an Affidavit of Means to accompany your Civil Bill all of which have to be lodged with the Registrar and be stamped by them. You don't have to actually have in you possession proof of what you stated in these documents in order to lodge them. But obviously if called upon later to prove them in a court you would have to be in a position to do so.

    Hope that makes it clear


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