Divorce

John7071

Hi guys
Maybe someone can point me in the right direction
I'm looking to get a divorce,
Living apart over 5yrs now
I don't want this to cost a arm and a leg,
We both want it,
But we got married in mauritius.
Is this something I can do my self. I.e. DIY divorce
Or is this something I need a solicitor to do.
What is the approx cost of a divorce?
Any help much appreciated
Thanks

jimmycrackcorm

There's a separation and divorce forum that might provide some useful info.

Victor

Where are ye living now?

Are ye both Irish?

nuac

Mod
Changed from Legal Discussion to Separation and Divorce
Good luck

John7071

Both Irish born and both living in Ireland

FishOnABike

If you are both in agreement on everything and there are no complications you can do it yourself.

There are services which will help with the legal paperwork for a few hundred euro or less if you do more of the work yourself. An online search should return several such services.

There are also books which can guide you through the legal paperwork which might be worth a read even if only as a checklist for anything you might not have considered and you decide to use a diy divorce service or solicitors in the end.

If you do go the diy / diy service route some separate independent legal advice on your agreement for both of you might be advisable to minimise the risk of any future legal challenge to your agreement.

If everything is agreed and the paperwork filed the actual divorce hearing need be no more than a rubber stamping exercise taking only a few minutes in court itself.

Aoibhin84

Can I ask considering my situation is very similar to above, do men and women get treated equally in court? Everything in sep agreement should be agreed before court date but we have got consent to move ahead from his solicitors

Victor

Aoibhin84 wrote: »

Can I ask considering my situation is very similar to above, do men and women get treated equally in court?

Generally yes. While often the man will earn more and may be required to pay maintenance, the opposite can happen, in which case the woman may be required to pay maintenance.

There is a pattern of the woman receiving primary custody, especially for younger children, but the are are cases of men receiving primary custody and 50:50 joint custody is common.

Aoibhin84

well he earns more and owns a property but i just want to walk away . there are no children involved

FishOnABike

Aoibhin84 wrote: »

well he earns more and owns a property but i just want to walk away . there are no children involved

If you have everything agreed and there are no children it should be fairly straightforward. A quick consultation with a solicitor might be advised to ensure you are aware of the implications of any agreement and are happy to sign away legal rights you may have.

If that throws up no issues it should be a straightforward case of filing the paperwork and the court rubber stamping your agreement in a very quick hearing.

Waiting for a date for the court hearing might cause a bit of a delay depending on the length of the court list in the circuit you apply in.

DublinCJM

I used these guys a couple of years ago. http://www.irishdivorceservices.com

Was pretty straightforward, they did most of the forms, except the ones that I had to send myself registered post, but they even sent me the pre-addressed envelopes to do that.

Cost about 800 (but I needed a pension adjustment order which was 150 I think).

Has a decent tracker website which goes through the whole procedure step by step.

We were living apart 5 years, and she wasn't putting in any claims for anything, so it was very straightforward in that regard.

Aoibhin84

What should one do when the ex's solicitor sends a letter saying the ex father in law died and the ex spouse is emotional but should in time be able to sign papers? no property or children and sep agreement in place, why would they want to stall a rubber stamping exercise?

eisenberg1

Any further info on this? A friend who has been separated for over ten years and both people are in new relationships spoke to a solicitor re a divorce, and solicitor has advised gnat they will need to engage a barrister....which I thought was odd.
There is no dispute between the parties, no kids and all property issues have been resolved.

lostsoul01

Does anyone know what is the norm or classed as a "fair" Divorce. Separated 4 years, married for 9 previous to that. I was full time mum when we were married and worked PT in his office when kids started school. He is self employed. Since split we have had 50/50 custody and he gives €500 pm maintenance to cover half childcare and half clothing. We sold the family home and what small proceeds we got from that were split 50/50. I consider all this fair as he is great with the kids and has them about 45% of the time. I got legal advise to see what needed to be done regarding divorce as I have had no legal advise up to now. I was told I could ask for spousal maintenance and should be entitled to part of his pension and business. This confused me and to be honest I just want to get divorced and move on with my life, I cannot afford a solicitor and think what has been agreed is good enough for me. Am I right to settle for this or should I look for something more as advised by solicitor?

Aoibhin84

I think you should do what works for your family, in my experience when solicitors get involved people get nastier, try and remember the respect and love you share for your family in this hard time

DublinCJM

lostsoul01 wrote: »

Does anyone know what is the norm or classed as a "fair" Divorce. Separated 4 years, married for 9 previous to that. I was full time mum when we were married and worked PT in his office when kids started school. He is self employed. Since split we have had 50/50 custody and he gives €500 pm maintenance to cover half childcare and half clothing. We sold the family home and what small proceeds we got from that were split 50/50. I consider all this fair as he is great with the kids and has them about 45% of the time. I got legal advise to see what needed to be done regarding divorce as I have had no legal advise up to now. I was told I could ask for spousal maintenance and should be entitled to part of his pension and business. This confused me and to be honest I just want to get divorced and move on with my life, I cannot afford a solicitor and think what has been agreed is good enough for me. Am I right to settle for this or should I look for something more as advised by solicitor?

Given you were a full time mum for so long, and only worked part time after, you're probably entitled to maintenance for yourself as well as for the kids, as he provided for you for all those years, while building up his business and pension which he'll benefit from after the divorce, but you won't.

However, proceeding along that route, seeking a settlement may well change the dynamic that you currently have regarding how well he looks after the kids and your relationship with him. It may not but it might.

It has to be what's best for you and your family.