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representing myself divorce

  • 10-10-2015 7:20pm
    #1
    Registered Users, Registered Users 2 Posts: 2


    I'm legally separated after mediation and am about to get divorced. I'm representing myself as it doesn't get much more straightforward than our case. Neither of us want to claim anything from the other. We have a good set up for our daughter regarding access and maintenance and are not clashing about anything. My ex is the applicant and he has a solicitor.

    I've been finding it so difficult to decipher the legal jargon and to find out how to go about things online where there's almost no information. I've had two FLAC meetings which helped. The divorce is set for Friday next...

    So if anyone who's been through it can help on the following I'd be very grateful:

    - Do I have to fill out an affidavit of means and does it have to be signed by a Commissioner for Oaths?

    - It seems like because I agree completely with the applicant's Affidavit of Welfare regarding our daughter, I as Respondent don't have to fill the same out. There's a paragraph about this in the Statement of Welfare form. Is this the case, and do I still get this form signed by a Commissioner for Oaths?

    - Do I have to bring the Affidavit of Welfare and Affidavit of Means to the circuit court and do I send them to my ex's solicitor first?

    -What will happen in court on Friday and what will I have to say? My father says he'll come but do you know if he's allowed?

    - What about costs? Are there any in court? Could I be liable to pay his solicitor's costs? I ask this because under the section "And the Applicant Claims:" it's mentioned at the end "The costs of these proceedings". I haven't been able to find out about this.

    - I've a Pension Adjustment Order around the corner too which is another day's work but I know this can be done after divorce.

    Many thanks if you can give me any help.


Comments

  • Registered Users, Registered Users 2 Posts: 84 ✭✭Elliottsmum79


    HI there,
    have to say, even though there is no animosity in this divorce I'd really suggest the advice of a solicitor ( even a consultation with one prior to representing yourself) as you may miss some important areas that, may seem inconsequential now and turn out not to be in future. These are exactly the questions a good solicitor can answer.

    The old adage goes that the "solicitor who has himself for a client is a fool" and ever more so the lay man/woman. I really do hope it goes well but representing yourself in any legal aren without training or briefing may lead you to end up in a process you dont understand/ dont agree to/ aren't prepare for. Please do consider legal advice to ensure you cover all the bases and to save any future issues. and wishing you a fresh start and lots of luck.


  • Registered Users, Registered Users 2 Posts: 2 lemonsorbet


    Thanks for that. You're probably right but the mediator and the solicitors years ago when we got the legal separation said ours should be straightforward and that we could represent ourselves. I'll hardly get any chance to have legal advice between now and Friday but I take your point. It's frustrating not being able to find clear advice online. Even the solicitors in three separate FLAC meetings I had this year all said slightly different things to me...
    Thanks for taking the time to reply!


  • Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    Thanks for that. You're probably right but the mediator and the solicitors years ago when we got the legal separation said ours should be straightforward and that we could represent ourselves. I'll hardly get any chance to have legal advice between now and Friday but I take your point. It's frustrating not being able to find clear advice online. Even the solicitors in three separate FLAC meetings I had this year all said slightly different things to me...
    Thanks for taking the time to reply!

    It seems to me that as you have FLA you'd be mad not to use it . I can't say for certain but I'd be amazed if the judge didn't adjourn while you got your representation organised. You should have done this ages ago so you'll probably get a short period and be warned that it's a once only - judges take a dim view of delaying tactics. However you'd be mad to go with no representation. Please don't do it.


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