Divorce

Gumbyman

Hi ho,

Just wondering has anybody every done a DIY divorce and is it an easy process? Some companies offer to do it for about 500 quid but can it be done by a person themselves for cheaper?

Any pointers much appreciated.

Thanks!
Gumby.

Rhonda9000

The old adage of "get a solicitor" applies.

How learned in the law and how savvy are you generally?

Nevyn

In those case there has already been a legal seperation agreement and all the issues of property rights, maintenance, custody have been sorted out already and getting the divorce decree is matter of paper work.

Gumbyman

Hi,

Thanks guys. Everything is sorted and agreed and amicable and it is just to put it in paper and get it done with. Solicitor's quote about five thousand quid. Sounds like a lot of money for (in this case) a rubber stamp and a cert saying "You're a free agent!". Is this possible or is some sort of intermediary necessary?

johnnyskeleton

Gumbyman wrote:

Hi,

Thanks guys. Everything is sorted and agreed and amicable and it is just to put it in paper and get it done with. Solicitor's quote about five thousand quid.

The Irish courts don't really see it as a mere formality like it is represented in the US media. The court has to be satisfied about a number of matters of fact and they are not obliged to grant a divorce just because both parties consent to a divorce. Issuing for divorce could turn into a nightmare, and the possibilities for this to happen could be increased by not having a solicitor. If the parties don't get independent legal advice, there might be problems somewhere down the line. If you have a real issue paying a solicitor for this service, at least try speak to a law centre of the legal aid board or to your local FLAC. They might not give you representation, but they might give you free legal advice, explain the pitfalls you could face etc.

Gumbyman wrote:

Sounds like a lot of money for (in this case) a rubber stamp and a cert saying "You're a free agent!". Is this possible or is some sort of intermediary necessary?

How much did you pay, can I ask, for a little bit of shiny metal and a booming voice from the heavens proclaiming "go forth and breed (if you haven't already)"? From a legal point of view it is very easy to get married, and very difficult to get divorced. The public perception however, seems to be the exact opposite.

mountainyman

http://www.divorceireland.ie/

MM

Tom Young

Amazing.

templetonpeck

mountainyman wrote:

http://www.divorceireland.ie/

MM

Wow that's scary!! Has anyone used this service? How good are they?

silja

My and my ex did our own divorce, no lawyer or mediation or legal sepeartion agreement first. It was easy, though our case was especially easy as we had no kids or joint property, and he agreed to let me keep the house (which I owned before we got married), and I let him keep his trustfund. The judge at the proceeding was a bit surprised we didn't want eachothers pension, but we just wanted to get divorced and be done with it (we got married young and both grew appart from eachother, there was no fighting- in fact he was cat sitting for me when I went on holidays until I got married again!).

steegily

I used www.irishdivorceservices.com and it was very simple. Admittedly, i didn't have a pension or property or separation agreement or anything. They charged €300 deposit and €200 when it was all over. The judge was very friendly and we were only with him for a couple of minutes. Anyways, I thought it was fairly simple.

catherinesara

I am applying for a divorce, but I will not be getting any lawyer involved this time.

I paid for one before in a seperation and it was a total waste.

Gulag of family court tells us the truth of the set up once you hire lawyers and they drag it out and make a fortune out of it.

I was so saddened to see the way the solicitors played a game and pitted parents against each other and turned it all into a nightmare.

I will represent myself this time and then I can say all the things you cannot say if you have a lawyer.

Tom Young

Buy cheap, pay twice.

HelpPlease

Thaedydal wrote:

In those case there has already been a legal seperation agreement and all the issues of property rights, maintenance, custody have been sorted out already and getting the divorce decree is matter of paper work.

Hello - Is the above true ? even in a case where 4 years ago there was a judicial separation with all financial matters settled then and a clause stating that if either party applied later for a divorce under the 1996 Divorce Act that this judicial separation agreement would be 'proper provision' for a later divorce.
I have seen people make statements that a judge is unlikely to revisit the terms of a judicial separation if it was post 1996 , just want to check if this is true in reality in other people's circumstances.

HelpPlease

[QUOTE=catherinesara.

Gulag of family court tells us the truth of the set up once you hire lawyers and they drag it out and make a fortune out of it.

[/QUOTE]

Who is 'Gulag of family court' ? and what did he/she say ?

Tom Young

Legal advice is not to be given on the forum but as the question is fairly academic, the terms of your judicial separation will be reviewed in the context of a divorce decree at this point say. A separation agreement removes the ability to proceed to judicial separation but is not a bar to divorce.

The status of divorce in Ireland, is what some might call "diet". Reading between the lines, your need for a simple divorce might be as you've come into money or you feel that the terms of the Jud Sep have been met.

The information you have regarding new terms of agreement would appear to be correct.

Contact a solicitor.

Tom Young

What I mean is that divorce is not a full and final settlement in Ireland. There is recourse for parties to revert even after a divorce decree. Perhaps my text wasn't the most eloquent. A solicitor should be able to bring you through the pitfalls. I'd have some views on the settlement aspect with respect to maintenance orders and modifications. The fact that the husband has no money in his opinion is pretty irrelevant in the eyes of the court. Protection of the family and welfare of children is held as being of 'first and paramount importance'.

templetonpeck

catherinesara wrote:

I was so saddened to see the way the solicitors played a game and pitted parents against each other and turned it all into a nightmare.

:eek:

Well solicitors can be accused of a lot, but this is the first time I've heard this accusation!!!! :mad:

Not sure if I'm allowed say this, but I've never in my life seen behaviour as disgraceful as some of the divorcing/separating parents I've come across in my time. Children are not pawns!

johnnyskeleton

catherinesara wrote:

I am applying for a divorce, but I will not be getting any lawyer involved this time.

I paid for one before in a seperation and it was a total waste.

Did you not get the separation after all?

catherinesara wrote:

Gulag of family court tells us the truth of the set up once you hire lawyers and they drag it out and make a fortune out of it.

First off, solicitors always recommend reconciliation and mediation as an alternative to divorce. Secondly, while there might be one or two solicitors who try to drag out a divorce, they would be in the minority. Normal solicitors would prefer to have a nice straight forward settlement and get a respectable fee for a job well done. A long drawn out divorce is a lot of stress, and not always much money.

catherinesara wrote:

I was so saddened to see the way the solicitors played a game and pitted parents against each other and turned it all into a nightmare.

Are you sure that this is the case? Is it not more likely that the parents instructed their solicitors to fight to the teeth?

catherinesara wrote:

I will represent myself this time and then I can say all the things you cannot say if you have a lawyer.

Such as?

zoom505

Very interesting free information site for you all, divorceinireland.net.