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Getting divorced after non legal separation?

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  • 09-08-2012 10:01am
    #1
    Moderators Posts: 3,815 ✭✭✭


    Hi. Next month will be 4 years since myself and my ex started leading separate lives. For nearly 3 years of this we lived in the same house due to financial reasons and the separation was amicable until we both got in to new relationships so it made sense for my ex to move out. We have a mediation agreement which states we have been living separate lives since September 2008. We want to start divorce proceedings next month and neither of us are contesting anything. We are currently trying to sell the house and have agreed to either split the profit or loss. There are no kids and we just want it to be done and dusted ASAP so we can get on with our lives with our new partners.

    My questions is this. We have no real proof that we've been separated since Sept 2008. Would there be any issues in the courts with getting our divorce through? Will the judge look for proof? Because this is uncontested and there are no kids and neither of us are looking for any support or future hold on pensions etc, should the divorce be straightforward?

    Thanks!


Comments

  • Closed Accounts Posts: 22,058 ✭✭✭✭Abi


    When divorcing in Ireland, you do not have to prove how long you're living apart. It is understandable that you may not have the resources to set up a new home for one or the other straight away. Once you're in agreement as to when you split up, you're good to go.


  • Moderators Posts: 3,815 ✭✭✭LFCFan


    Great, thanks for the reply!

    Is it worth going with one of those DIY divorce services that charge approx. €500 to do up the paperwork or is the paperwork easy enough to figure out? I've been wondering about it and the person doing the paperwork is going to need all the details required which will have to be researched and supplied by me anyway, so is it worth the €500 to have them put it in order? Thanks!


  • Closed Accounts Posts: 22,058 ✭✭✭✭Abi


    Well its up to yourself really. Some find the DIY people helpful in getting everything organised. I know we had a lady here a couple of months back that was doing it all herself. Though I think she may have hit some complication somewhere, I think her ex threw a spanner in the works.

    Once you are confident that it will go without a hitch, then why not try doing it yourself. Though make sure you have all ends tied up and do all your homework on it before going ahead.


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


    The DIY ones can work well but only if both of you are 100% aligned with your expectations. All it takes is for one party to throw a wobbly about something at the last minute and it all can go horribly wrong.

    If you are both in full agreement then yes - these can save you a lot of money but if there is a risk of someone playing games then reconsider.


  • Registered Users Posts: 3,953 ✭✭✭aujopimur


    There's no need for one of the DIY divorces you see advertised.
    If you go to your local court the staff will explain what you need to do.


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  • Moderators Posts: 3,815 ✭✭✭LFCFan


    Thanks for the replies. Myself and my ex just want to move on and I'm pretty confident she won't throw any spanners anywhere nears the works and I certainly won't either. I'll look in to doing it myself. Thanks!


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