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DIY Divorces

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24

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    #32
    terminator2
    Registered Users Posts: 1,081 ✭✭✭terminator2


    Abi wrote: »
    I'll drop you a PM about this Sam :)
    could you do the same for me abi


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    #33
    vic_dublin
    Registered Users Posts: 33 ✭vic_dublin


    terminator2 wrote: »
    could you do the same for me abi

    cold you do the same for me Abi.thanks a lot.


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    #34
    Abi
    Closed Accounts Posts: 22,058 ✭✭✭✭Abi


    vic_dublin wrote: »
    cold you do the same for me Abi.thanks a lot.

    Sure, en route :)


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    #35
    vic_dublin
    Registered Users Posts: 33 ✭vic_dublin


    Abi wrote: »
    Sure, en route :)

    Thanks a lot Abi :)


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    #36
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Has anyone gone through a diy divorce? My ex wife is sending me papers and apparently I have 10 days to respond. What documentation should I have prepared or does anybody know?? Any advice much appreciated.


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    #37
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭stargazer 68


    Didnt want to start a new thread on this subject.

    Ex and I have agreed on terms etc. We have no property and our children are teenagers so no problem with access etc. Finance has been sorted between us and we are both in agreement with the arrangement that we have come to.

    I know there are a lot of companies doing DIY divorce services but do I need them or can I do it myself?


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    #38
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    There was a segment on the newstalk breakfast show talking about it. If you and your ex are both representing yourselves you can go into the court clerks office and get the forms. Be warned. The lady on the show said
    "Dublin is the only court district measuring divorce wait times in weeks. Every other jurisdiction is measuring in months and in the case of Wexford ( and I think she said either Wicklow or Waterford) its up to 3 years.


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    #39
    Wisco
    Registered Users Posts: 637 ✭✭✭Wisco


    I did mine myself and it was relatively cheap. Location will determine how quickly it all goes in my experience. My county only has family court sittings a couple times a year, so if you're not all ready for the next sitting you could be waiting 6 months or more. I know when I filed my papers (I used Divorce on a Shoestring, by Micheline McCormack) as a guideline (you can get it Amazon, or if you have access to the UCD libraries, they have it). It's bit out of date now, but between that and the person in the clerk's office, I got everything sorted. The forms are available online or, as I did, use that book as a template. Things did take longer than I though- I had imagined that when I handed in my forms, they'd be stamped and handed back to me so I could post them to my ex the same day, but there was a few weeks waiting period for all of them as the clerk looked at them to make sure they were correct and then filed them.
    I had also applied for legal aid, but didn't want to wait for them and as it happens, finally got the letter offering me an appointment a month or two after the divorce was granted!
    I must say though, my situation was a pretty simple one- no kids, no house, no pension, and we had a separation agreement in place.
    Good luck to all going through it- I know I did a happy dance when I was walking out of that court room!!!


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    #40
    dollydimples82
    Registered Users Posts: 127 ✭✭dollydimples82


    Abi, can you pm me on this also??
    Do you have to prove that you are four years Separated from your spouse? are there any exceptions to this rule?


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    #41
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    dollydimples82 wrote: »
    Abi, can you pm me on this also??
    Do you have to prove that you are four years Separated from your spouse? are there any exceptions to this rule?

    You have to be four years separated OUT OF THE PREVIOUS FIVE .

    This means in theory that if for example you are two years separated you can give things another go with your ex for up to a year without the clock going back to zero . Eg - Mary and Jack split on 1st Jan 2005 . On 1st Jan 2007 they reconcile for three months but split again on 1st April 2007 . They are only delayed by the three months and can divorce from 1st April 2009 .

    AFAIK you are asked to swear on oath that you have been living separately for the required period as well as that there is no chance of reconciliation . Perjury is a serious offence and could in theory overturn the divorce terms in future years .


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    #42
    annlouise
    Registered Users Posts: 1 ✭annlouise


    My partner has just done a DIY divorce which cost him €25! Him and his ex-wife went to mediation in their local community centre which is free of charge. At that they agreed custody of their child and maintainence. They both have a house of their own and it was agreed that neither had a claim on the others home. Once everything was agreed he emailed the courts.ie website and was sent all the forms, the mediation agreement formed the basis for the Affidavit of Welfare and the Affidavit of Means. A solicitor charged him the €25 to sign the documents and he lodged them in court just before they broke for the Christmas holidays. He represented himself in court in mid-Feb, his ex wouldnt attend, and was granted a divorce. They were seperated 12 years and are on speaking terms so once everything can be agreed before appearing before the judge a cheap divorce is very achievable.


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    #43
    G&T22
    Registered Users Posts: 75 ✭✭G&T22


    I am also considering going the DIY route. Have a deed of separation (not a court order) no property or children. Ex is unemployed & lives at home with parents. I work part time and have a 1 yr old and live with my new partner. Ex can be bitter though last time ex was in contact he seemed ok as he was looking for something. I wanted to ask peoples opinion if contacting him to inform him that I would be starting divorce proceedings by DIY divorce is a good or bad idea??


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    #44
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭stargazer 68


    G&T22 wrote: »
    I am also considering going the DIY route. Have a deed of separation (not a court order) no property or children. Ex is unemployed & lives at home with parents. I work part time and have a 1 yr old and live with my new partner. Ex can be bitter though last time ex was in contact he seemed ok as he was looking for something. I wanted to ask peoples opinion if contacting him to inform him that I would be starting divorce proceedings by DIY divorce is a good or bad idea??

    Do you think he will cooperate? You still both need to do affadavit of means etc. If he is bitter and doesn't cooperate you may find you can't go the DIY route.


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    #45
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Dovies wrote: »
    Do you think he will cooperate? You still both need to do affadavit of means etc. If he is bitter and doesn't cooperate you may find you can't go the DIY route.

    I honestly dont know


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    #46
    Wisco
    Registered Users Posts: 637 ✭✭✭Wisco


    Actually, I think it's just you that has to do the affidavit of means since you're the one initiating things, unless you are looking for any sort of settlement from him or if he's looking for anything from you. I did DIY and had a similar situation to yours (we had separation agreement, no kids, house, or pension)- I had a little contact with him and told him I was doing things myself, etc. The only thing you need cooperation for is that he sends a letter that he agrees to the whole thing if I recall correctly. (I pre wrote the one for my ex and just had him sign it and post back to me and the courts- put in addressed, stamped envelopes, the whole lot)
    I think I spent about 50 euro at most for having forms witnessed, registered post, etc.
    I was quite torn about whether or not to contact my ex before starting things, but he actually responded pretty well in my case, despite some previous bitterness. I created a separate email account just for communicating with him so that I wouldn't have to disclose my mobile or other contact info.
    I think it will make your life easier if you know for certain he's not going to object and then you can tell him when to expect forms in the post, etc, but even if you're not on good terms I think it's worth it to try things out anyway- you won't have lost anything except a bit of time and a bit of postage fees.


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    #47
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭stargazer 68


    Wisco wrote: »
    Actually, I think it's just you that has to do the affidavit of means since you're the one initiating things, unless you are looking for any sort of settlement from him or if he's looking for anything from you. .


    I have had all my forms returned from the DIY service to be notarised etc and there is an affadavit of means for him to complete as well as pension order.


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    #48
    shamdrog63
    Registered Users Posts: 219 ✭✭shamdrog63


    Apologies if this has been explained before on another post but I couldn,t find it.My partner has been separated from her husband for 10 years.She has lived with me for all that time.She is now thinking of seeking a DIY Divorce.Her children are all over 18 and she has not had any income in maintenence or employment in the 10 years.What I want to know is do you still submit a affidavit of means with nothing on it and an affidavit of welfare (also with nothing on it)


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    #49
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭stargazer 68


    shamdrog63 wrote: »
    .Her children are all over 18 and she has not had any income in maintenence or employment in the 10 years.What I want to know is do you still submit a affidavit of means with nothing on it and an affidavit of welfare (also with nothing on it)

    As far as I know yes. She has to have some kind of income and expenditure which goes on the means. And she still has children so their addresses etc have to go on the welfare.


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    #50
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    shamdrog63 wrote: »
    Apologies if this has been explained before on another post but I couldn,t find it.My partner has been separated from her husband for 10 years.She has lived with me for all that time.She is now thinking of seeking a DIY Divorce.Her children are all over 18 and she has not had any income in maintenence or employment in the 10 years.What I want to know is do you still submit a affidavit of means with nothing on it and an affidavit of welfare (also with nothing on it)

    She must have means - ie you. She also must have expenditure.


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    #51
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    desbrook wrote: »
    She must have means - ie you. She also must have expenditure.

    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 .


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    #52
    shamdrog63
    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.


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    #53
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭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!


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    #54
    Kieron Wood
    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


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    #55
    G&T22
    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


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    #56
    Dr Sunshine
    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.


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    #57
    99fromTeddys
    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! :)


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    #58
    Kieron Wood
    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!


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    #59
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭stargazer 68


    99fromTeddys wrote: »
    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.


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    #60
    G&T22
    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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    #61
    stargazer 68
    Registered Users Posts: 5,075 ✭✭✭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!


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