Divorce costs

nodolan

Congratulations eboarde

dustfree

i thought i had everything sorted but when i went to the court today the judge said that the civil bill was wrong because my husbands jurisdiction wasnt mentioned....it must be listed in the endorsement list or something. any help with the wording of this appreciated, not really sure what i should be saying.

nodolan

dustfree wrote: »

i thought i had everything sorted but when i went to the court today the judge said that the civil bill was wrong because my husbands jurisdiction wasnt mentioned....it must be listed in the endorsement list or something. any help with the wording of this appreciated, not really sure what i should be saying.

The Civil Bill is the initial document - it can't get to the judge without going through the court registrar first - so are you sure you've got the right document?

The Civil Bill contains this bit:

CIVIL BILL ENDORSEMENT OF CLAIM

7. The Applicant is a OCCUPATION and resides at FULL ADDRESS which is in the jurisdiction of this Honourable Court.
8. The Respondent is a OCCUPATION and resides at FULL ADDRESS, which is also in the jurisdiction of this Honourable Court.

The Endorsement of Service document has this bit in it:

I say that I have SENT BY REGISTERED POST an officially stamped copy of the Family Law Civil Bill to the Respondent stated above on the DAY of MONTH YEAR from the POST OFFICE ADDRESS to the address FULL ADDRESS.

But AFAIK both of these documents have to go through the registrar first so if the judge found fault with them then the registrar wasn't doing his or her job properly IMO.

Your husband's jurisdiction would simply mean his full address - several people have successfully used the document templates I provided here to get divorced so I'm a bit confused as to how you even got near a judge if there was something wrong with your very first document(s).

dermot_sheehan

nodolan wrote: »

The Civil Bill is the initial document - it can't get to the judge without going through the court registrar first - so are you sure you've got the right document?

The Civil Bill contains this bit:



The Endorsement of Service document has this bit in it:



But AFAIK both of these documents have to go through the registrar first so if the judge found fault with them then the registrar wasn't doing his or her job properly IMO.

Your husband's jurisdiction would simply mean his full address - several people have successfully used the document templates I provided here to get divorced so I'm a bit confused as to how you even got near a judge if there was something wrong with your very first document(s).

It's not the registrar's job to ensure that the Applicant has pleaded sufficient facts to show the court has jurisdiction to hear his case. That is for the Applicant, the registrar in your case was being helpful nodolan but it wasnt his job function and he could simply have let you proceed to court.

dermot_sheehan

I also want to be clear.

While it's perfectly ok to discuss the merits or demerits of DIY divorces or judicial separations, or to link to websites where precedent civil bills have been put up.

I don't want anyone giving a step by step guide here to carrying out a divorce or judicial separation.

The reason is in the forum charter, we do not give out legal advice on this website since that could expose boards.ie to liability if a person relies on such advice to their detriment.

nodolan

dermot_sheehan wrote: »

It's not the registrar's job to ensure that the Applicant has pleaded sufficient facts to show the court has jurisdiction to hear his case. That is for the Applicant, the registrar in your case was being helpful nodolan but it wasnt his job function and he could simply have let you proceed to court.

It is the registrar's job to check your documents though and numerous people have confirmed that here. The judge is not supposed to have to deal with trivial matters and documents, like the civil bill, are not technically 'legal' unless filled out appropriately so they shouldn't be moved on to the next stage.

dermot_sheehan wrote: »

I also want to be clear.

Will it's perfectly ok to discuss the merits or demerits of DIY divorces or judicial separations, or to link to websites where precedent civil bills have been put up.

I don't want anyone giving a step by step guide here to carrying out a divorce or judicial separation.

The reason is in the forum charter, we do not give out legal advice on this website since that could expose boards.ie to liability if a person relies on such advice to their detriment.

Are you a new moderator Dermot? Have you actually read this whole thread? Seriously? This thread contains step by step information several times. If you feel that strongly about it then you should delete all the attachments and possibly the whole thread for that matter. I haven't bothered to click on your name and look you up, I really don't care to, but either you're new or you've been having a few drinks tonight or else you're just being lazy Dermot because this thread contains templates and lots of step by step advice. It's a bit late and hypocritical for a moderator to start throwing their weight around over a simple post that has effectively already been addressed several times already. Nothing in my last post can be construed as legal advice unless you want to decide that giving the definition of 'jurisdiction' as being someone's address is legal advice in which case I think you need to refer this to an admin.

dermot_sheehan

nodolan wrote: »

It is the registrar's job to check your documents though and numerous people have confirmed that here. The judge is not supposed to have to deal with trivial matters and documents, like the civil bill, are not technically 'legal' unless filled out appropriately so they shouldn't be moved on to the next stage.

A civil bill showing jurisdiction on the face is not a trivial matter, but rather is required for a court of local and limited jurisdiction (which is what the Circuit Court is) to have jurisdiction. The circuit court office may refuse to issue a civil bill which clearly doesn't plead sufficient facts to show the circuit court has jurisdiction, but it's not their job and they do not give legal advice. It's the job of the Applicant to plead sufficient facts to show the court has jurisdiction to hear their claim.

Are you a new moderator Dermot? Have you actually read this whole thread? Seriously? This thread contains step by step information several times. If you feel that strongly about it then you should delete all the attachments and possibly the whole thread for that matter. I haven't bothered to click on your name and look you up, I really don't care to, but either you're new or you've been having a few drinks tonight or else you're just being lazy Dermot because this thread contains templates and lots of step by step advice. It's a bit late and hypocritical for a moderator to start throwing their weight around over a simple post that has effectively already been addressed several times already. Nothing in my last post can be construed as legal advice unless you want to decide that giving the definition of 'jurisdiction' as being someone's address is legal advice in which case I think you need to refer this to an admin.

This thread hasn't been looked at for quite some time, I've deleted the posts with attached precedent civil bills which give express legal advice.

This restriction on this forum isn't imposed by the moderators but rather the owners of this site when the forum was set up. There was a fear of liability for people relying on legal advice on the internet which may be negligent or given by unqualified persons who could take proceedings against the publisher of that negligent legal advice.

nodolan

This thread has been running almost four years and two other moderators have made their presence felt several times - both times after links were posted to sample documents - and neither of them saw the need to delete anything so there has obviously been a change of tack.

It has been my observation of the boards.ie legal discussion section that opinions of certain members of the legal profession and members of the Gardaí are regularly elevated above 'regular' members with a constant message that they must always be listened to despite many people here managing quite well by themselves (and saving a lot of money in the process).

I understand the need to be careful regarding legal advice but this seems to me to be an over-reaction considering the length of time this thread (plus attachments) has been around. I suspect there is an ulterior motive to this (i.e. the promotion of a policing-legal profession based complex equivalent to the military-industrial complex perhaps).

dermot_sheehan

The problem I had, and why the alarm bells were ringing was as follows:

I have no problem with people discussing the merits or demerits of taking divorce proceedings themselves. If there is no contest, it would save the parties money provided they do it right and if people decide to take court proceedings themselves and get it wrong themselves, on their own heads be it.

I further have no problems linking to DIY divorce websites with precedent civil bills/affidavits of welfare/means/of service. If a person decides to get divorced using a form they got on a website, it's their business if its done wrongly (though they could potentially sue the publisher for negligent mis statement). It's between that person and the website they relied on.

The problem I have is this forum being used to guide people through the divorce process, and the post above with the issues regarding the civil bill not pleading jurisdiction illustrates the problem.

There could be several faults in a Civil bill, not just failing to plead that the respondent resides or carries on business within the relevant court circuit, it could for example fail to adequately plead the parties were married in the first place, which must be pleaded to seek relief under the Family Law Acts.

Your response was pleading the person's address is enough and that it was the court registrar's fault for letting it through. This is incorrect, court office staff are not responsible for ensuring that a party pleads adequate facts to support his case, they might refuse to issue a civil bill that patently does not plead sufficient facts to invoke the court's jurisdiction, but it's not their job to ensure the Applicant makes his case.

The posts above illustrate the problem with people getting advice on this forum, they may get advice that is incorrect (I'm assuming that the original poster was attempting to serve their husband in the United Kingdom, in which case they had to plead the relevant bits of council regulation 2201/2003 for the Circuit Court in Ireland to assume jurisdiction over the parties' matrimonial proceedings).
Your response was to re-iterate that the respondent's address was sufficient was incorrect and potentially negligent since through your posts you hold yourself out as proficient in the DIY divorce process. This website could be held liable as publisher of your potentially negligent advice.

That's why people can't be guided step by step through a process that isn't always as simple as its first made out to be, especially by unqualified persons in a regulated industry.

FreudianSlippers

Tom Young wrote: »

There is no substitute for formal legal advice.

Tom Young wrote: »

Well done. You're entitled to differ. In complex splits, there is no substitute for legal advice.

Tom Young wrote: »

Sure. The issue we have here is that the charter does not allow for legal advice. In saying that, I do take your point in relation to duff advice. It's unfortunate and a reality.

nodolan wrote: »

This thread has been running almost four years and two other moderators have made their presence felt several times - both times after links were posted to sample documents - and neither of them saw the need to delete anything so there has obviously been a change of tack.

It has been my observation of the boards.ie legal discussion section that opinions of certain members of the legal profession and members of the Gardaí are regularly elevated above 'regular' members with a constant message that they must always be listened to despite many people here managing quite well by themselves (and saving a lot of money in the process).

I understand the need to be careful regarding legal advice but this seems to me to be an over-reaction considering the length of time this thread (plus attachments) has been around. I suspect there is an ulterior motive to this (i.e. the promotion of a policing-legal profession based complex equivalent to the military-industrial complex perhaps).

Just FYI nodolan, the quoted posts are the only mod posts in this thread until yesterday. They all hold firm to a line of "seek legal advice". Most of the links posted are either broken, direct to government websites or are merely links to places where information can be obtained. Nothing of that sort is in breach of the charter IMO.

Where the line is drawn is when posters start doing step by step instructions on how to draft documents, etc. and clear legal advice is being given on boards.ie.

My take on it is that, within reason, posting where you can get info is fine; posting how to do things or giving instructions is not fine.

As for the last portion of your post regarding the policing-legal equivalent of the military-industrial complex, I should draw your attention to this forum which you may find more suitable for said commentary.




EDIT: Just saw Dermot's post after I posted mine. I echo his comments and agree.

nodolan

FreudianSlippers wrote: »

As for the last portion of your post regarding the policing-legal equivalent of the military-industrial complex, I should draw your attention to this forum which you may find more suitable for said commentary.

Wow, I didn't see that coming :rolleyes:
The usual response of those who...whatever!

nodolan

dermot_sheehan wrote: »

The posts above illustrate the problem with people getting advice on this forum, they may get advice that is incorrect (I'm assuming that the original poster was attempting to serve their husband in the United Kingdom, in which case they had to plead the relevant bits of council regulation 2201/2003 for the Circuit Court in Ireland to assume jurisdiction over the parties' matrimonial proceedings).

That's why people can't be guided step by step through a process that isn't always as simple as its first made out to be, especially by unqualified persons in a regulated industry.

The poster didn't say anything about London:

dustfree wrote: »

i thought i had everything sorted but when i went to the court today the judge said that the civil bill was wrong because my husbands jurisdiction wasnt mentioned....it must be listed in the endorsement list or something. any help with the wording of this appreciated, not really sure what i should be saying.

dustfree actually said in a previous post that she would download the documents from the court website, plus it was the registrar in Cork Circuit Court who told me it was her job to check that the documents were valid before allowing them to be submitted.

I see now doing a quick search through boards.ie that you appear to be working as a solicitor or something similar - so FreudianSlipper's derogatory, dismissive comment regarding the conspiracy theory forum takes on a whole new meaning then.

Whatever, thread unfollowed, all those who successfully got your DIY divorces through this thread (at least five that I know of) make sure you take note of these 'developments' and the profession of those denying you this information.

dermot_sheehan

nodolan wrote: »

The poster didn't say anything about London:

Look at the title of the post "Husband in the UK"

previous post that she would download the documents from the court website, plus it was the registrar in Cork Circuit Court who told me it was her job to check that the documents were valid before allowing them to be submitted.

I see now doing a quick search through boards.ie that you appear to be working as a solicitor or something similar - so FreudianSlipper's derogatory, dismissive comment regarding the conspiracy theory forum takes on a whole new meaning then.

Whatever, thread unfollowed, all those who successfully got your DIY divorces through this thread (at least five that I know of) make sure you take note of these 'developments' and the profession of those denying you this information.

I wish those who decide to get DIY divorces the best. I don't want this forum to be responsible for incorrect legal advice.

FreudianSlippers

nodolan wrote: »

I see now doing a quick search through boards.ie that you appear to be working as a solicitor or something similar - so FreudianSlipper's derogatory, dismissive comment regarding the conspiracy theory forum takes on a whole new meaning then.

This makes less than no sense to me, perhaps you'd care to elaborate?

Anyway, you said:

I suspect there is an ulterior motive to this (i.e. the promotion of a policing-legal profession based complex equivalent to the military-industrial complex perhaps).

This is not a forum for discussion what you suspect regarding motives of a policing-legal profession complex. The appropriate forum for that is Conspiracy Theories, not Legal Discussion.
There is nothing derogatory or dismissive about it; you're making an accusation with no proof to support it. Actually, come to think of it, that wouldn't even fly in CT.

dustfree

thanks for all your help, nodolan. i'm not sure what's going on with the rest of the post now, looks like a power struggle to me! anyway the circuit court office have been very helpful, they did in fact correct something on the civil bill for me, 10 days notice must be 35 days notice if respondent is outside of the country. they seemed happy with the rest of the civil bill or, as you said, they would not have let it go on. i'm ringing them in the morning for more advice so will keep forum posted.
btw, everyone knows that information on boards.ie sites are taken with a 'buyer beware' sticker.
again, thanks for all the info and help you've put up over the last few years.

FreudianSlippers

dustfree wrote: »

btw, everyone knows that information on boards.ie sites are taken with a 'buyer beware' sticker.

You'd think that, I know... but the unfortunate truth is that this is not the case.

We are not carrying on a "no legal advice" rule because of some pro-lawyer agenda or any policing-legal complex, nor are we attempting to stop the average user here from being able to represent themselves in court.

Quite simply, the rules are there to protect boards.ie ltd from litigation, those rules come from above and are enforced by the moderators of this forum. Full stop. No agenda, no power struggle, nothing. It's simply enforcement of a rule that is in place for a reason and it is a fair and correct rule.


If anyone else has a comment to make regarding the "no legal advice" rule of this forum, moderator actions, forum standards or any suspected or alleged "policing-legal complex" take your complaint to the Help Desk. This is the end of the discussion on this tread.

Back on topic now please.

san.h

hi all,
i've only found out about this whole DIY divorce thing and am strongly thinking of giving it a shot..but i'm terrified it'll all go terribly wrong!
we've been separated for just over four years now, we've no written agreements in place. we have a mortgage on the house which i live in. i pay the full mortgage and have done so since he left we also took out an equity release loan (to pay for the wedding.....oh god if only i knew then what i know now!! lol) i also make the repayments on this loan. we have two children and my ex pays 80euros a week maintenence. he wants to sign his share of the house over to me and have his name removed from the mortgage agreement. we get on very well and are both eager to get this all over and done with.
so, my question is, should we do it ourselves or go down the legal route which realistically neither of us can afford!! help!:eek:

dermot_sheehan

san.h wrote: »

hi all,
i've only found out about this whole DIY divorce thing and am strongly thinking of giving it a shot..but i'm terrified it'll all go terribly wrong!
we've been separated for just over four years now, we've no written agreements in place. we have a mortgage on the house which i live in. i pay the full mortgage and have done so since he left we also took out an equity release loan (to pay for the wedding.....oh god if only i knew then what i know now!! lol) i also make the repayments on this loan. we have two children and my ex pays 80euros a week maintenence. he wants to sign his share of the house over to me and have his name removed from the mortgage agreement. we get on very well and are both eager to get this all over and done with.
so, my question is, should we do it ourselves or go down the legal route which realistically neither of us can afford!! help!:eek:

If you are in agreement and all you want is an uncontested divorced i'd say give it ago, there are websites, this one doesnt want to liable by guiding people through the process since eventually someone will say something incoorrect that a litigant will rely on and mess up their case.

Two issues to consider, firstly you need the banks consent for one of the parties to come off the mortgage. Secondly a conveyance needs to be executed transferring the interest of the part giving up ownership to the property and that needs to be registered in the registry of deeds/land registry.

This conveyance might be slightly more complex then getting a consent divorce itself and you might want to get a solicitor for it even if you seek the divorce on your own.

Vinny-Chase

san.h wrote: »

we've been separated for just over four years now, we've no written agreements in place.

I can't comment on the home and mortgage situation because it didn't apply to me. But I was a little worried as there was no legal separation in place between me and my ex. But it wasn't an issue when it came down to the divorce. A lot of people here with mortgages have done the DIY route so I can't see why you shouldn't be able to do it. As has been said many times, if the paperwork isn't correct it won't get past the clerks anyway. And I found them to be very helpful.

Kegger

Hi Folks,

I'm near the end of my own Divorce process and just need to finish one document. It's the Notice to Trustees for any pensions I hold.

Both parties have already declared "No Claim" on any assests, pensions etc. both through the legal seperation and the current divorce documents however the Judge has asked that this form be lodged in the interest of both parties in case of future complications.

I have the template from the Courts Service
http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/D94057D57B7E7EFF802577EA003EFC16?opendocument&l=en
but was hoping to see a completed form (even a dummy one) to make sure I complete it correctly.

Any advice would be much appreciated.

PS - I can't afford a Solicitor and don't qualify for free aid, a sitiuation I'm sure a lot of us are in.

snowdaze

Quick question - I am separated just over 4 years.

I got a judicial separation about 2 years ago.

Now, I would like a divorce.

I would like to get the papers and do it myself!

Will this be straightforward enough considering I already have the jud. separation?

What would my ex have to do....even though everything in relation to the kids and property, pensions etc have all been sorted out a few years now, he would still cause hassle and expense for me if he could at all. THe jud sep. cost me a fortune!!!! about €12k.

I would relaly love a cheap quick divorce,

thanks in advance folks!

Jayjay80

hey guys

some advice please! living apart since early 2007. Started proceedings for legal separation. However delays etc have occured. We have recently agreed maintenance and access though the courts. As we are 5 years apart can we apply for divorce straight away or do we need a separation first? Would be delighted if someone had relevant knowledge and documents?

Also, did anyone change their childrens surname? We have agreed since 2007 to double barrell the surname for many reasons but we havent carried out anything in law.

Thanks

Our man in Havana

You don't need a judicial separation to get a divorce.

To change your children's names you both need to go to the registrar of births.

twix1979

Hi everyone
Starting legal proceedings myself for my divorce. Have couple of basic questions about civil bill but just want to make sure i'm right. Any help would be greatly appreciated!!

1. Do I have to put my full address in?
2. What is meant my indorsement of claim? Is this just if there is a financial aspect to the case?

Thanking you in advance!!

Croc

twix1979 wrote: »

Hi everyone
Starting legal proceedings myself for my divorce. Have couple of basic questions about civil bill but just want to make sure i'm right. Any help would be greatly appreciated!!

1. Do I have to put my full address in?
2. What is meant my indorsement of claim? Is this just if there is a financial aspect to the case?

Thanking you in advance!!

1. Yes, In my case it was point 3 in the Indorsement of Claim

2. There are a number of Points in the Indorsement of Claim they obviously vary from person to person in my Civil Bill they were as follows

1 Date and location of Marriage
2. That I was an Irish Citizen and resided within the state for the year prior to the application
3. Where I resided and occupation.
4. Where the respondent resides.
5. Details of Children.
6. the fact that the marriage had broken down.
7. That we lived separably and apart since a certain date must be at least 4 years.
8. Location of family home and whose name(s) it is held and if is subject to a mortgage.

You then outline your claim
A Decree of Divorce etc

This is just a brief outline as i stated previously they vary depending on each persons circumstances.

niall99

Hi everyone.

Does anyone know if an Affidavit of Means is now mandatory?

I was reading that "Financial disclosure is a very important part of the family law process. It is mandatory for all parties to swear an Affidavit of Means." and "With the introduction of the Case Progression Hearings it became mandatory following the filing of a Defence that both parties vouch their Affidavit of Means."

My understanding was in the past an Affidavit of Means was only needed if there was an issue with dividing property or one was looking for maintenance payments and such. In my case there are no financial issues such as property.

Any replies would be greatly appreciated.

jivebunny

If there are no children or property between myself and my ex, and we have already divided up all assets, and don't want anything from each other, do we still need to file an affidavit of means in a divorce case? Any info would be appreciated. Thank you

ifiwasonlyrich

Our man in Havana wrote: »

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?

A solicitor will fill out a Section 5 covering themselves, and their client.

No need whatsoever if the divorce is 'amicable', and there are no assets or children.

ESarah

Can anybody tell me if both parties now need to fill out an Affidavitt of Means for a DIY divorce? have just had my case adjourned as the first thing the County Registar looked for was my ex's Affavitt of Means even though he had written a letter consenting to the Divorce and there is no complications with everything previously agreed in the Legal Separation? My solicitor made no mention of it and there is also no mention of it in the DIY divorce pack that they send you out to you. She also wants him to turn up in court next time even though my solicitor said there is no need for him to turn up. Has anybody else had a similar experience?

Hoof_Hearted

I can only tell you that my friend's divorce happened only yesterday and she didn't provide anything whatsoever. Her ex brought the divorce case to court, she simply sat back and let it happen. So, no, she didn't have to submit an affidavit of means or welfare, or indeed, anything at all.
I hope it was just a mistake and that it all goes smoothly after this. Best of luck.

ESarah

Thanks for reply. I am completely confused and disappointed. I am not sure if I even saw a judge. In the first court it was the County Registrar, then I was referred to another court about half an hour later but I am not sure if that was another registrar or a judge!

Steve Hayes

Can you email me them divorce 'document templates' please E: haysstev55@gmail.com. Thank you.

ResearchWill

ESarah wrote: »

Can anybody tell me if both parties now need to fill out an Affidavitt of Means for a DIY divorce? have just had my case adjourned as the first thing the County Registar looked for was my ex's Affavitt of Means even though he had written a letter consenting to the Divorce and there is no complications with everything previously agreed in the Legal Separation? My solicitor made no mention of it and there is also no mention of it in the DIY divorce pack that they send you out to you. She also wants him to turn up in court next time even though my solicitor said there is no need for him to turn up. Has anybody else had a similar experience?

Are there children involved.

ESarah

Hi Steve, all the information and forms are on www.courts.ie. You can also ring the Circuit Family Law Office 018886806 and they will post you out the Divorce pack for free. I got my divorce recently, just had to go back a second time because the law had changed during the summer which meant that both parties now have to supply an Affadavitt of Means (this lists your income, expenditure, etc). Before that, only the person applying for the divorce needed to do this. If you are doing it yourself and all issues are agreed it should only cost you whatever your solicitor charges to sign the documents for you (normally €10 or €20 per document or signature).

Steve Hayes

Hi Sarah. Really appreciate your time and effort to respond. I thank you very much for that brilliant information, its just what I need. Thank you, thank you

Steve

vic_dublin

Hi there, Could anyone pm me me Divorce Documents DIY sapmle

ESarah

Hi Steve, best of luck with it, I had no problems with it but my divorce was uncontested and all issues, e.g. maintenance, family home etc. had been sorted and agreed. Let me know if you have any questions along the way. Vic, please see my previous post, all forms are on www.courts.ie or you can ring the Circuit Family Law Office and they will email or post out to you the DIY Divorce pack.

muldoocs

Hi I am trying to start a DIY Divorce. I have down loaded the forms but cannot find a sample filled in form or instructions on what to fill in under Indorsement of Claim and The Applicant Claims. Can anyone send me a link or a sample copy. Many thanks

Wisco

I see this thread has been quiet for a while, but hope someone can help.
ESarah, I see you said the law changed so that both parties have to file affidavits of means- anyone know if this is still the case if there are no financial claims being made?
Am just about to start DIY process and trying to get all my things in order. :eek:

muldoocs

Hi Wisco - yes both parties have to file an affidavits of means. If you are the applicant put it in with Family Bill and your ex can submit theirs after you serve them the papers.

Grolschevik

muldoocs wrote: »

Hi Wisco - yes both parties have to file an affidavits of means. If you are the applicant put it in with Family Bill and your ex can submit theirs after you serve them the papers.

As far as I'm aware, it's only in Dublin that both parties have to do that. The info online relates to Dublin. In Naas, for example, only the applicant has to submit an affidavit of means. Best bet would be to ring the relevant court office and ask, if you're outside Dublin.

Wisco

Thanks for the replies. I'll find out at the courthouse tomorrow- the courts. ie website is a bit unclear!

Evek

I just had to say a HUGE thank you to nodolan who pointed us in the right direction of a diy divorce.
It was back in 2010 I think when I asked how to go about it. My partner at the time took a few months to think about it and do a little research. He decided to go with a firm in Dublin, cost us €600, everything went without a hitch after all the papers were submitted. He appeared in court to confirm details and was pronounced divorced - simple - and a darn sight cheaper than going through a solicitor.
Of course eveyone's case is different especially if you have children or the estranged partner is being difficult, but I just wanted to thank nodolan for the advice I received ...... and I forgot to do it at the time

barman linen

I am seven years separated and we have a deed of separation for that period - not a JS.

I want to proceed to divorce but my ex just ignores my overtures. While we have sorted out the property issues we have not dealt with pensions and succession.

Would you recommend using the DIY method to get her into court so we can then clarify these matters as she has to enter an appearance ? I have made offers to split my pensions and she has ignored these.

I dont want to engage a solicitor to charge me 3000 to draw up forms I am perfectly capable of doing myself. I am happy to engage a lawyer at a later stage if it gets messy.

Any comments welcome on how the Judge would look on me if I used this method to get her to court. I have ample evidence of communicating with her.

jwix

Hi There,
i am separated from my wife for the last 4.5 years. we went to mediation and came to an amicable agreement for divorce but i have been served with papers that say different,ie she is looking for 100% of the house and more maintenance . I contacted a solicitor and was quoted 15000 euro for representation for a divorce that i have to contest. The solicitor told me to apply for legal aid,which i did and was refused, as i was over the threshold of 18000.so now im in a no-mans land legally as i cannot afford priivate representation, but my ex can go to florida on holiday and buy a 151 reg car....
i have just appealed the legal aid boards decision because i think they got my pay rate wrong..
i filed a certificate of appearance with the county registrar but now i dont have any legal representation, but my wife does have use of the legal aid board.

Can anyone steer me in the right direction as to what i can do

jimmycrackcorm

jwix wrote:

Can anyone steer me in the right direction as to what i can do

I think you should give up your job and ask for maintenance. Plus you could actually get legal aid.

jwix

thanks but thats not the advice i was kinda looking for, for several reasons

sonia167

Hello Friends ,

I have a simple question:

I am my wife we both want to apply for Divorce in Ireland. and we are not in a relation ship from last 5 years and have no Kids or property issues , but we never applied for Seperation 5 years ago, so now my concern is if we both want to apply for divorce do we need to sign Seperation agreement and wait for another 4 years or we can apply for a divorve straighaway bec we were married in 2007 and we not in a relationship sice 2011 ?

Any Advice plz?

busylady

Yes once you are separated for 4 years you can apply for a divorce, it is not necessary to have a separation agreement in place.

sonia167

Thanks for the quick Reply ... that means we both partners agree divorce we dont need any seperation document ? so i can go and apply for divorce without any proof ? bec i was thinking maybe i had to show some seperation agreement that we lived Apart...