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DIY Divorces

2

Comments

  • Registered Users Posts: 219 ✭✭shamdrog63


    desbrook wrote: »
    To clarify - you must be supporting her. Therefore the money you give her directly or save her by providing accommodation , light heat food etc is a factor .

    Thank you for that. It,ll be a great help.


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    Folks anyone know the reasoning behind having to appear at the court to get the Ex Parte document authorised by the registrar?

    I lodged all my documents but have to go to court to get this approved as my ex is outside the jursidiction. I asked the woman at the desk would there be any reason why it wouldn't be approved and she said no! Court date is another month away!


  • Registered Users Posts: 14 Kieron Wood


    You always have to swear and submit an affidavit of means. You only need to submit an affidavit of welfare if you have children (or are in loco parentis) and the children are under 18 (or 23 if in full-time education) or physically or mentally dependent. See
    http://irishbarrister.com/paperwork.html


  • Registered Users Posts: 75 ✭✭G&T22


    Please see below for clarification from the courts.ie website regarding the affidavit of means and welfare.

    http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/D94057D57B7E7EFF802577EA003EFC16?opendocument


  • Registered Users Posts: 61 ✭✭Dr Sunshine


    I divorced recently DIY style. My ex was not asked to provide an Affidavit of Means or Welfare but does have to provide maintenance and life insurance for benefit of dependant children. I know another couple divorcing in a different area who have no children and both parties have to provide affidavits of means before they will get a court date - have been given a county registrar hearing. So I guess a lot depends on the court staff and the judge at the end of the day.


  • Registered Users Posts: 1 99fromTeddys


    I was really interested to ready this thread.
    I will be 4 years separated in June 2015 and I want to commence divorce immediately and as cheaply as possible thereafter. However, my ex husband is italian and is resident in Italy (I am Irish and live in the ROI).
    Does anyone have any experience of doing a DIY divorce in Ireland while their spouse is resident in another country?
    Any insights would be greatly appreciated.

    Thanks a mill! :)


  • Registered Users Posts: 14 Kieron Wood


    You need to apply to the county registrar to serve the papers on your husband out of the jurisdiction. Your local family law court should help you prepare the necessary application. Make sure your husband has not already commenced proceedings!


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    I was really interested to ready this thread.
    I will be 4 years separated in June 2015 and I want to commence divorce immediately and as cheaply as possible thereafter. However, my ex husband is italian and is resident in Italy (I am Irish and live in the ROI).
    Does anyone have any experience of doing a DIY divorce in Ireland while their spouse is resident in another country?
    Any insights would be greatly appreciated.

    Thanks a mill! :)

    I did this - my final court date is next week :). I used a 'divorce service' who did all the paperwork. You need to apply to the court to serve the papers abroad - ex parte document. The papers all need to be sent registered post and then an 'affadvit of service' needs to be signed by a Solicitor or Notary public (which I didn't do as my ex gave all the signed papers back to me) however when I went back to the court office I had to go away and have this done anyway!! It is fairly straight forward but then I had someone else draw up all the paperwork.


  • Registered Users Posts: 75 ✭✭G&T22


    Hi all just an update! Started things in September and now just waiting on a judegement date. My ex consented to the divorce and supplied affidavit of means and everything required! Was totally shocked! Anyone know the waiting time for courts in Kildare?


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  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    My divorce was granted a couple of weeks ago. :)
    Took a few months - but it was over the summer so couldn't be helped and all in all it cost me less than 500 euro!


  • Registered Users Posts: 75 ✭✭G&T22


    Congrats! Were you both present?


  • Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    Congratulations Dovies - make sure you celebrate now :)


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    G&T22 wrote: »
    Congrats! Were you both present?

    No just me. It was uncontested so he didn't have to be there. He signed all the paperwork I sent and returned it so that was that! Judge had no problem with any of it so was in court at 10.15 and was in jervis centre having coffee and cake by 11!


  • Registered Users, Registered Users 2 Posts: 1,687 ✭✭✭Payton


    I bet the coffee and cake tasted wonderful that day :-)


  • Registered Users Posts: 75 ✭✭G&T22


    Ah Dovies delighted for you! Well my words were more like swearing at the fact it was all over so quickly!


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  • Registered Users Posts: 7 manugav


    Hi All; about to start down this route myself; Ive a couple of ques and looking for some pointers; any help would be really appreciated.
    Separated 4yrs, no kids, no house. No legal separation agreement.
    Both moved on – wont be contested.
    Money is very tight; I just dont have it to pay for a solcitor.

    Ive read through the threads and been on to the courts.ie site & Ive downloaded the forms. Im prob missing something;could someone please verify the steps below

    Form 2N Civil Bill – I, as the applicant need to fill this out.
    Endorsement of claim – sorry but what do I need to put in here?
    I see some people have mentioned on some threads; a letter stating they (ex) agree to divorce & not looking for anything. Could anyone send me a draft as an example? And prob really stupid question but does it have to be printed on special paper or headed or anything; can I just submit the forms on normal white A4?

    Form 37A statement of means – I have to fill this out as Im the applicant & it has to be sent to ex with the notice? I see the form states what is required under each schedule; is there a particular template for the breakdown of my budget; what did other people use?

    As we have no kids, I don’t need to submit an affidavit of welfare so I can skip this step.

    So I need to fill out the 2 forms in triplicate; then go to court to get it stamped & send registered post to ex who has 10days to respond (can just ignore if not being contested)?
    Then send the form for court date (3 copies again) and await court date?
    I don’t need marriage licence until the day in court?
    And I know there is the requirement for 4years seperation but I dont see it specifically mentioned on any of the forms; am I missing a step somewhere?

    Apologies for all the questions; Im just trying to get the process straight in my head so I can get the ball rolling asap!

    Thanks.


  • Registered Users Posts: 75 ✭✭G&T22


    Got my divorce!!


  • Registered Users Posts: 7 manugav


    Congrats g&t22 how's it feel to be free !! What was the court date like was it easy enough to go through what is the procedure ?
    Kind rergards gav


  • Registered Users Posts: 75 ✭✭G&T22


    Hi Gav,
    I used irish divorce services and would highly recommend them it made everything so easy. like you had no kids but did have a house so i went to a solicitor and we had a separation agreement drawn up and the house was sold. Excluding the fees for selling the house as we used a different solicitor i was charged under 200 euro for the separation agreement and deed of waiver. Are you getting a pension adjustment order?

    i was in court on my own it was a bit intimidating but i was well prepared and was in the court room for only 10 mins. It was great and felt so empowering...


  • Registered Users Posts: 7 manugav


    Hi again g&t2,
    That sounds great i will look into it alright cheers thanks a million i bet it felt amazing alright congrats !!!


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Six and a half years....and it's done and dusted !
    So delighted to have gotten my divorce today, did it myself using a DIY service. Not easy, but boy do I feel happy.


  • Registered Users Posts: 33 vic_dublin


    manugav wrote: »
    Hi again g&t2,
    That sounds great i will look into it alright cheers thanks a million i bet it felt amazing alright congrats !!!

    Hi you need to request all the relevant forms from family court by email the ones on courts.ie are of no use. They will also send you information about when do u need to send which form. Yes DIY divorce service is great too but u can do all this by your self for under 50euro.


  • Registered Users Posts: 33 vic_dublin


    manugav wrote: »
    Hi again g&t2,
    That sounds great i will look into it alright cheers thanks a million i bet it felt amazing alright congrats !!!

    Hi you need to request all the relevant forms from family court by email the ones on couts.ie are no use. They will also send you information about when do u need to send which form. Yes DIY divorce service is great too but u can do all this by your self for under 50euro.


  • Registered Users, Registered Users 2 Posts: 348 ✭✭pandoraj09


    Hi, did anyone get a pension adjustment order done by one of these "cheap" divorce providers? A solicitor told me it was very complicated and would cost 750 euro for him to do just that bit alone....Would appreciate any feedback. Thanks


  • Registered Users Posts: 75 ✭✭G&T22


    I have no idea why it would be complicated unless its contested? I got my pension adjustment order through online divorce company and there were no issues.


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    G&T22 wrote: »
    I have no idea why it would be complicated unless its contested? I got my pension adjustment order through online divorce company and there were no issues.

    Me too. Cost me an extra 50 euro!


  • Registered Users, Registered Users 2 Posts: 1,111 ✭✭✭Jamaican Me Crazy


    Stupid question but what is a pension adjustment order?

    I'm only going for JS this year, divorce still 2.5 years away.


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    Stupid question but what is a pension adjustment order?

    I'm only going for JS this year, divorce still 2.5 years away.

    Have a look at this

    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/sep_divorce_pensions.html


  • Registered Users Posts: 7 manugav


    Hi Guys I got the divorce pack from courts but quick ques. What template did you use for statement of means ie sets out in first schedule, second schedule etc
    Is an excel list too basic, what template did you use?

    Cheers


  • Registered Users, Registered Users 2 Posts: 1,494 ✭✭✭Sala


    Pension adjustment order are complicated because pensions are complicated. Certainly you may draft the standard order and get it approves by the court but it may not stand years later when it matters. If you are really going to do it yourself you should educate yourself because pensions are structured differently and have different rules. I don't think they will tell you if the order is binding but if you are going down the diy route you should try to read up as much as possible on your pension, get as much information and assistance from your job (if it's through work) as possible and identify any problems. They are sometimes not as simple as drafting the standard nominal order and you could lose out in the future.


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  • Registered Users Posts: 4 Karaoke Heaven


    (Snip) Mod note:Karaoke Heaven, please don't post the same thing on other threads. Thank you


  • Registered Users Posts: 4 Karaoke Heaven


    (Snip) Mod note:Karaoke Heaven, please don't post the same thing on other threads. Thank you

    Oh im very sorry ,I thought you guys meant I could not start my own thread but I could post in one already started ,so does that mean I can not get advice on my situation?apologies again , Ricky


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


    Oh im very sorry ,I thought you guys meant I could not start my own thread but I could post in one already started ,so does that mean I can not get advice on my situation?apologies again , Ricky

    You can have your own thread no problem. It's just boards don't like people posting the same thing in other threads or forums. It can get people banned for spamming. Also in forums such as separation and divorce we prefer to keep people's threads separate so they don't get buried.


  • Registered Users Posts: 20 hellokitty88


    Hi there,

    Can you tell me how soon did you receive your divorce decree once it was granted by the judge?

    Cheers
    Cece


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    I think it took about a month maybe even two?


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    Hi there,

    Can you tell me how soon did you receive your divorce decree once it was granted by the judge?

    Cheers
    Cece

    Think I had mine in a couple of weeks.


  • Registered Users, Registered Users 2 Posts: 5,144 ✭✭✭stargazer 68


    Friend of mine is filing fo divorce - I have given her the name of the company I used. They have been separated for 12 or so years and have a legal separation in place - all assets were divided up then and they have no children. It should be straight forward I would imagine? Her concern is what if he won't sign the papers etc. I just want to set her mind at ease really.


  • Registered Users Posts: 3 Wennie


    vic_dublin wrote: »
    Hi you need to request all the relevant forms from family court by email the ones on couts.ie are no use. They will also send you information about when do u need to send which form. Yes DIY divorce service is great too but u can do all this by your self for under 50euro.

    Hi vic, I've emailed Family Law Office requesting the relevant forms but got no response.
    Can you send them to me if you have please? Many Thanks.


  • Registered Users Posts: 3 Wennie


    manugav wrote: »
    Hi All; about to start down this route myself; Ive a couple of ques and looking for some pointers; any help would be really appreciated.
    Separated 4yrs, no kids, no house. No legal separation agreement.
    Both moved on – wont be contested.
    Money is very tight; I just dont have it to pay for a solcitor.

    Ive read through the threads and been on to the courts.ie site & Ive downloaded the forms. Im prob missing something;could someone please verify the steps below

    Form 2N Civil Bill – I, as the applicant need to fill this out.
    Endorsement of claim – sorry but what do I need to put in here?
    I see some people have mentioned on some threads; a letter stating they (ex) agree to divorce & not looking for anything. Could anyone send me a draft as an example? And prob really stupid question but does it have to be printed on special paper or headed or anything; can I just submit the forms on normal white A4?

    Form 37A statement of means – I have to fill this out as Im the applicant & it has to be sent to ex with the notice? I see the form states what is required under each schedule; is there a particular template for the breakdown of my budget; what did other people use?

    As we have no kids, I don’t need to submit an affidavit of welfare so I can skip this step.

    So I need to fill out the 2 forms in triplicate; then go to court to get it stamped & send registered post to ex who has 10days to respond (can just ignore if not being contested)?
    Then send the form for court date (3 copies again) and await court date?
    I don’t need marriage licence until the day in court?
    And I know there is the requirement for 4years seperation but I dont see it specifically mentioned on any of the forms; am I missing a step somewhere?

    Apologies for all the questions; Im just trying to get the process straight in my head so I can get the ball rolling asap!

    Thanks.

    Hi Gav, just wondering did anyone answer your questions? I have those questions as well.


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  • Registered Users Posts: 14 Kieron Wood


    You can download the forms from www.irishbarrister.com/paperwork.html

    Regards

    Kieron Wood BL


  • 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, Registered Users 2 Posts: 1,687 ✭✭✭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, Registered Users 2 Posts: 3,062 ✭✭✭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, Registered Users 2 Posts: 3,062 ✭✭✭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, Registered Users 2 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, Registered Users 2 Posts: 1,687 ✭✭✭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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