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DIY Divorces

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Comments

  • Registered Users Posts: 14 Kieron Wood


    You do not need a barrister or solicitor for a divorce if ALL the issues are agreed with your spouse. You can do the divorce yourself! (If all the issues are NOT agreed, best to consult a barrister or solicitor. It's free through the Free Legal Advice Centres - FLAC.)


  • Registered Users Posts: 3 Wennie


    All the issues are agreed. The difficulty is to find the templates to get all the paperwork done.


  • Registered Users Posts: 132 ✭✭Aoibhin84


    Papers issued to solicitors and to the court today after asking him to do a DIY divorce he refused so hoping he agrees to move forward as sep agreement in place and no assets or kids . fingers crossed


  • Registered Users Posts: 1,660 ✭✭✭Payton


    Aoibhin84 wrote: »
    Papers issued to solicitors and to the court today after asking him to do a DIY divorce he refused so hoping he agrees to move forward as sep agreement in place and no assets or kids . fingers crossed
    Hopefully it will run smoothly.


  • Registered Users Posts: 132 ✭✭Aoibhin84


    Why would anyone want to prolong the divorce process when there are no kids or assets!! absolute madness, I see the pain people go through here with children and support so i am so glad that never happened for us


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  • Registered Users Posts: 3,019 ✭✭✭thecivvie


    I am doing my own divorce. The children will be 18 in November, twins. There are no assets and the ex has stated she will not contest. Just got the forms to serve to her which I will do Monday. As she is not contesting I assume she doesn't need to reply to the forms

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  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    thecivvie wrote: »
    I am doing my own divorce. The children will be 18 in November, twins. There are no assets and the ex has stated she will not contest. Just got the forms to serve to her which I will do Monday. As she is not contesting I assume she doesn't need to reply to the forms

    She needs to sign the forms in front of a competent person (Solicitor,Garda,Priest) to show that she is signing of her own free will with no presure from anyone.


  • Registered Users Posts: 3,019 ✭✭✭thecivvie


    Barbie! wrote: »
    She needs to sign the forms in front of a competent person (Solicitor,Garda,Priest) to show that she is signing of her own free will with no presure from anyone.

    The court said she needs to sign an affidavit of consent. We have searched till blue in the face looking for a template

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  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Would anyone be so kind to explain the order of proceedings on the day itself, when going the DIY route?

    What can one expect exactly in an uncontested case?
    Do both parties speak, or just the Applicant?
    Do any documents need to be presented?
    Does the Judge speak in laymans terms?

    We were given a time of 10AM for our case. If I recall correctly, the Registrar usually goes through all the cases of the day at 9:30, should we be there for that?

    Thanks


  • Registered Users Posts: 1,660 ✭✭✭Payton


    ANYHELP wrote: »
    Would anyone be so kind to explain the order of proceedings on the day itself, when going the DIY route?

    What can one expect exactly in an uncontested case?
    Do both parties speak, or just the Applicant?
    Do any documents need to be presented?
    Does the Judge speak in laymans terms?

    We were given a time of 10AM for our case. If I recall correctly, the Registrar usually goes through all the cases of the day at 9:30, should we be there for that?

    Thanks
    On the day all the cases that are to be heard are brought into the court where the case will beheld this is aptly known as the call over.
    Plan to be there for 9..so your not late!! During call over at 9:30 all the cases that are due to be heard and where the case is regarding if the parties are in agreement etc...the list can be reduced very quickly. I was 22 before call over and down to 6 after it
    Listen for your case number and be ready for what is asked of you " are both parties in agreement " etc.
    Both parties will be asked to speak. The applicant will be sworn into the witness box and asked a few questions. It can be very daunting but the clerk and the judge will communicate in layman's terms.
    Listen out for your case number and initalls. eg case 1234\17 ab VS cd
    If you and your ex are on talking terms why not talk to each other... Its a nervous day for you both.
    Once all your paperwork is in order and both parties turn up your case will be heard. It can be frightening when you are in for call over with legal teams using legal terms don't dwell on this..every case is different.
    Best of luck.


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  • Registered Users Posts: 5,074 ✭✭✭stargazer 68


    ANYHELP wrote: »
    We were given a time of 10AM for our case. If I recall correctly, the Registrar usually goes through all the cases of the day at 9:30, should we be there for that?

    Thanks



    Make sure you are in the right number court room!! I sat through the call only to find out I wasn't on the list as I was in the wrong room! Luckily I managed to duck into the right room between cases and apologised. She called me in a couple of cases later!


  • Registered Users Posts: 132 ✭✭Aoibhin84


    what happens if the other party says they are not in agreement, can you get turned away?


  • Registered Users Posts: 132 ✭✭Aoibhin84


    to be clear there are no children or assets ...


  • Registered Users Posts: 1,660 ✭✭✭Payton


    Aoibhin84 wrote: »
    what happens if the other party says they are not in agreement, can you get turned away?
    Yes you can.


  • Registered Users Posts: 132 ✭✭Aoibhin84


    Seriously and what happens then? there are no children or assets and sep agreement in place, Why would the system give someome the time of day in that case when they see far more difficult cases every day


  • Registered Users Posts: 1,660 ✭✭✭Payton


    Aoibhin84 wrote: »
    Seriously and what happens then? there are no children or assets and sep agreement in place, Why would the system give someome the time of day in that case when they see far more difficult cases every day
    Your ex would need prove that there are good grounds. But the court itself that your case is being heard doesn't really hear any problems that are in place that is for another date..it's more for the granting of the divorce.


  • Registered Users Posts: 132 ✭✭Aoibhin84


    the death of an elderly parent last year is not good grounds i hope considering we have nothing to argue over! They are the one with property and better pension pot so they should be running away from me not trying to cause trouble


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