Divorce hearing: What happens

riaquestion

I have a divorce hearing next month. Was wondering what happens in court on the day? Can I bring someone in for support? Does it take long?

Henry Ford III

Have you a legal representative?

XsApollo

Is it divorce hearing with the judge or is it with the registrar?

To answer your question about bringing someone in , you can bring someone to the court with you ,but you cannot bring them into the court room with you, it’s a private hearing.

their will be yourself , the other person, legal representation if ye have it, the judge and their secretary ( not sure on the correct term for that person )

dubal

If its all agreed in advance by both sides and all the documentation is in order. The judge will walk you through it and basically confirm you are both in agreement etc.

Doesn't take long.

Dubal

benjyco

https://www.boards.ie/discussion/2058333624/divorce-hearing-what-happens

Hey, I am in a similar situation in 2 weeks and my solicitor has given me no information regarding the days proceeding, just that the barrister will brief me on the day. Any advice? What questions did the barrister ask you? Thanks in advance

murpho999

https://www.boards.ie/discussion/comment/121760848#Comment_121760848

Depends where it is. Mine was in family court in Smithfield and you're not allowed to bring anybody in. Another friend had a divorce in Mullingar and nobody is allowed in to the familiy courtroom either, which makes complete sense.

As for the day, it should be straightforward enough but it depends on the judge and if you have legal representation or not.

I did a DIY divorce as my ex agreed to everything and there were no legal disputes.

My judge was awful, quite hostile and kept saying that I had no legal representation which made me think that she didn't like that the legal side was not making money out of it.

She made a massive issue about pensions and pension adjustment orders and tried to make things out like "Irish Life Retirement Bond" is not a pension but a bond.

I explained they were all pensions but just had different titles which I had no control over and also why would they respond with acknowledgements of pension adjustment orders if they were not pensions.

She wanted to adjourn the case so I could obtain more information. I challenged this and asked respectfully what information am I supposed to get? She was surprised and with that the clerk stood up and spoke to her and told her he'd seen this in other cases and other judges accepted them as pensions.

She relented and then granted my divorce, much to my relief as I just wanted it over and also had a night out with mates arranged.😀

When over she just walked out very unfriendly and I walked as close as i could to the clerk and thank him and he just smiled at me and said I was welcome and I walked out as proud as punch.

I have a 100% record now as an undefeated court representative.😁

When I rang DIY service I was dealing with , they said that the judge was always difficult and had a poor reputation with them compared to other judges. She behaved as if it was the first time she had ever seen pensions like mine.

My cousin co-incidentally had her as well for her case and she made things very difficult for them too and made them feel like criminals. I just don't think she likes people who do not use legal representation.

So it depends who you get, and if you have representation or not but if all going well can be done and dusted in 10-15 minutes.

Best of luck,

Dial Hard

https://www.boards.ie/discussion/comment/122748515#Comment_122748515

You can have someone with you in the waiting area, but of course they won't be allowed into the hearing itself as all family law sessions are held in camera.

I've posted many times here about how conservative Irish judges are in general, and family law judges in particular. Their reluctance to proceed without a solicitor present isn't because they want to drum up business for the profession, it's because they want to be 150% sure that people are fully aware of what they're doing and the potential consequences. I had a solicitor throughout the judicial separation process, but didn't bring her to court for my divorce hearing (I was the respondent) because as far as I was concerned, everything had been dealt with in the separation agreement and this was just a rubber-stamping exercise. But the judge clearly wasn't too happy about the fact that my ex had a solicitor present and I didn't, and nearly balked altogether when she realised there was an army pension involved that I wasn't seeking access to. A bit like yourself, it took a very adamant statement from me that I was happy to proceed to convince her. It's not some big conspiracy, though.

jimmycrackcorm

https://www.boards.ie/discussion/comment/122748515#Comment_122748515

did you or your OH ask for a pensions order?
I'm doing a DIY divorce also and we've agreed to ignore pensions as she has her own and mine is not worth much so there's no advantage for either side. Our deed of separation has stipulated that we will not have any rights to each others pensions.

murpho999

https://www.boards.ie/discussion/comment/122748923#Comment_122748923

No she didn't do any pensions but as I took the case hers wasn't considered.

I think you'll be fine if you just tell the judge you don't have any pensions.

murpho999

https://www.boards.ie/discussion/comment/122748842#Comment_122748842

In Dublin family court in Smithfield you're not allowed to bring anyone into the waiting area and you go through an airport type scanner to get in.

I think the reason is that the area is quite small so all parties are bound to meet so it's best to avoid any confrontation and/or intimidation of witnesses.

Sounds like we may have had the same judge.

Dial Hard

https://www.boards.ie/discussion/comment/122749076#Comment_122749076

That must be a fairly recent change, so, cause I had my sister with me in the waiting area (in Smithfield) and there was no security whatsoever. And yeah, of course you're going to bump into the other party, we all sat together chatting while we were waiting to be called.

Also, just to be really clear for anyone who hasn't been through the process who might be reading and freaking out - there are no witnesses in a divorce hearing - it's just you, your ex, the judge and the registrar, plus your legal representative, if you bring one.

FlubberJones

Mine took 15 minutes, it was a DIY Divorce with an online company, since my ex had left the country several years earlier and was not going to return for any reason I was there alone. The judge walked through the documents, asked about the other party, I added details… AND WE WERE DONE!

Went and had a few drinks and moved on with life.

murpho999

https://www.boards.ie/discussion/comment/122749190#Comment_122749190

My divorce was April 2022 so not that recent.

Dial Hard

https://www.boards.ie/discussion/comment/122750354#Comment_122750354

More recent than mine.

grrremsula

Does anyone have a template on how to correctly write up the defence? I’m the respondent, and I’m managing away with the documents so far with phone call advice from FLAC and also speaking to the court staff to understand each step (I’m in the squeezed middle where I can’t get legal aid but too squeezed to hire a solicitor). Is it the exact same as the applicant's Indorsement of Claim + Affidavit of Means? No children involved.