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DIY Divorce

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  • 08-01-2019 1:11pm
    #1
    Registered Users Posts: 41


    I am wondering would anyone have any advice on what I need to do or am I missing anything to get a DIY divorce?

    We were married 6 years ago and separated over 4 years. We have children together which we have maintenance and access fully agreed with no issues. We are both 100% happy to continue the terms of our separation agreement and neither of us want anything to change other than the fact we would be divorced rather than separated. She has asked me to take the lead in getting the divorce finalised. She has the house (our marital home), but I have completely signed that over to her 4 years ago and there is no disagreements on anything financially.

    We are on good terms with each other so there would be no issues that may suddenly arise. We also both want to keep it as cheap as possible.

    My understanding is I would need to do the following:

    1. Submit the 3 copies 2N -Family Law Civil Bill with the original marriage cert with the court. The court will return 1 copy stamped, to send to my ex via registered post (as part of point 3)

    2. 37A - Affidavit of Means – My statement registered with the court (can be included with the Family Law Civil Bill above) (does my copy of this need to go to my ex, I’d rather not have her know my business but if required so be it)

    Here is where my confusion begins so I hope I have it right

    3. An affidavit of Service is sent to my ex. This will include the stamped Family Law Civil Bill the court returned to me, blank affidavits of means and welfare for her to fill in. She has 10 days to return this to the courts.

    4. Once everything is received by the court, we will both receive a court appearance summons hopefully within 70 days

    If this is correct, does anyone know what the cost is for this? We do not want to get solicitors involved again for any part due to, as previously mentioned, we have arranged everything 4 years ago with solicitors and are both happy with the existing arrangement. Ideally we would not want anything to change in this or even pay again to get something similar in place

    I'm hoping this is as straightforward as I think :o


Comments

  • Registered Users Posts: 51 ✭✭winksblinks


    It feels challenging but you will get there. Your situation is near identical to my own.

    1. Family Law Civil Bill to be submitted with your original marriage cert. We included a letter of consent from my ex-husband which stated it was all agreed etc.

    File 3 copies with the circuit court and send one stamped copy to your ex by registered post and retain the receipt as you have to provide proof of postage.

    2. Affidavit of Means and Affidavit of Welfare

    Two separate documents - Means for you and your ex and Welfare relates to the maintenance and custody for the kids. If you have a separation agreement of mediated terms include this with the Affidavit of Welfare.

    File 3 copies with the circuit court for both of you. We handed these in with the Family Law Civil Bill.

    3. Statutory Declaration of Service (witnessed affidavit) - submit to the Family Court Office with the certificate of postage noted above a minimum of ten days after posting. You need to print off the delivery receipt from the An Post website.

    4. Notice of Motion with a Ground Affidavit in triplicate, lodged with the Family Court Office. You will then at this point be given a hearing date.

    I'm based in Dublin and handed all my documents into the Family Court Office where the staff always did a quick look through to make sure I wasn't missing anything. When I submitted the docs under point four I was given my court date which was 4 weeks later.

    Your only cost will be getting the affidavits witnessed by a solicitor and the registered post. I think I spent in the region of €70 to get everything done.


  • Registered Users Posts: 41 RandomPerson13


    Thank you so much, winksblinks.

    Ok, I am close enough to having my head around things, which is great!

    Regarding point 2.

    Would I include my Affidavit of Means, Affidavit of Welfare and our Separation Agreement when filing the Family Law Civil Bill?

    if so, when the stamped Family Law Civil Bill is returned to me, I would send it to her via registered post and she would submit her my Affidavit of Means and Affidavit of Welfare separately?


  • Registered Users Posts: 51 ✭✭winksblinks


    Thank you so much, winksblinks.

    Ok, I am close enough to having my head around things, which is great!

    Regarding point 2.

    Would I include my Affidavit of Means, Affidavit of Welfare and our Separation Agreement when filing the Family Law Civil Bill?

    if so, when the stamped Family Law Civil Bill is returned to me, I would send it to her via registered post and she would submit her my Affidavit of Means and Affidavit of Welfare separately?

    I handed in the Affidavit of Means for both of us, affidavit of Welfare and Seperation Agreement with the Civil Bill. Purpose was to speed the process up as my ex was on a tight timeframe to close on a house purchase and we didn’t want him to miss out on that.

    If you hand everything in it’s stamped there at the counter and given back to you to post to your ex. Basically you are sending her a copy of everything with the official court stamp on it for her records. You then go back in with the evidence of delivery ten days later. I’m lucky in that I work in Dublin so I was able to do my paperwork in the family court office in my lunch hour.


  • Registered Users Posts: 3,014 ✭✭✭Monife


    I handed in the Affidavit of Means for both of us, affidavit of Welfare and Seperation Agreement with the Civil Bill. Purpose was to speed the process up as my ex was on a tight timeframe to close on a house purchase and we didn’t want him to miss out on that.

    If you hand everything in it’s stamped there at the counter and given back to you to post to your ex. Basically you are sending her a copy of everything with the official court stamp on it for her records. You then go back in with the evidence of delivery ten days later. I’m lucky in that I work in Dublin so I was able to do my paperwork in the family court office in my lunch hour.

    Sorry to hijack the thread but could I please ask how your court hearing went. Did the judge abide by the terms of your original separation agreement? Had either of your circumstances changed at all (financially) in the 4 year waiting period?

    Thanks


  • Registered Users Posts: 51 ✭✭winksblinks


    Monife wrote: »
    Sorry to hijack the thread but could I please ask how your court hearing went. Did the judge abide by the terms of your original separation agreement? Had either of your circumstances changed at all (financially) in the 4 year waiting period?

    Thanks

    Court hearing was fine, lots of waiting around. Hearing itself was quick enough, about 20 minutes. Judge went through all the paperwork and confirmed we were both in agreement with everything.

    So, yes the judge stuck to the original agreement. We were both still happy with what we agreed and wanted the terms to remain unchanged.

    My ex husbands salary had increased a good bit, mine marginally. However children’s costs have remained roughly the same so no reason to increase maintenance, he has to have a life too!


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  • Registered Users Posts: 7 JonatanMack


    Hi Winksblinks and/or anyone else who has been through the court hearing representing themselves.

    I had my day in court today and it did not go well! I was called in and told to go to the witness stand where I was sworn in. The Judge then asked me to proceed. I wasn't sure where to start but started saying that we have been separated for over 4 years and that the respondent was not present but I had a letter of consent. He said to provide my proofs and I said that they were all there on file (respectfully of course). He seemed exasperated and adjourned the case saying that next time I better have a lawyer or know what to say.

    The usher who had been present later explained to me outside that I needed to go through all of the information in the documents for the benefit of the audio recording. He said he could arrange for me to go back in but I decided to leave it for today. It's a very straightforward case with no children, shared assets or pensions! I had thought the judge would ask questions and we would work through it that way but he just basically sat there until I admitted that I didn't know what more to say. It was a bit of an ordeal!

    Did you have a script prepared or a rough idea of what you were going to say? Should I just bite the bullet and try to hire a solicitor for the next time?


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Hi Winksblinks and/or anyone else who has been through the court hearing representing themselves.

    I had my day in court today and it did not go well! I was called in and told to go to the witness stand where I was sworn in. The Judge then asked me to proceed. I wasn't sure where to start but started saying that we have been separated for over 4 years and that the respondent was not present but I had a letter of consent. He said to provide my proofs and I said that they were all there on file (respectfully of course). He seemed exasperated and adjourned the case saying that next time I better have a lawyer or know what to say.

    The usher who had been present later explained to me outside that I needed to go through all of the information in the documents for the benefit of the audio recording. He said he could arrange for me to go back in but I decided to leave it for today. It's a very straightforward case with no children, shared assets or pensions! I had thought the judge would ask questions and we would work through it that way but he just basically sat there until I admitted that I didn't know what more to say. It was a bit of an ordeal!

    Did you have a script prepared or a rough idea of what you were going to say? Should I just bite the bullet and try to hire a solicitor for the next time?

    Hi, I'm just wondering how you got on? I had my hearing today with registrar and didn't realise i had to make myself known when my case number was read out...there were a lot of solicitors in court room and no lay people so it was daunting..I thought they'd ask if I was present..instead there was silence and it was put back till 14th October...so what do I say at the next one? Something like ' I so and so believe all paperwork to be correctly filed and the respondent is in agreement with all terms, I ask the registrar to ?????? What then? Rule on this case? Put forward this case for ruling??? Any help would be great as I'm lost.


  • Registered Users Posts: 309 ✭✭LastStop



    File 3 copies with the circuit court for both of you. We handed these in with the Family Law Civil Bill.

    3. Statutory Declaration of Service (witnessed affidavit) - submit to the Family Court Office with the certificate of postage noted above a minimum of ten days after posting. You need to print off the delivery receipt from the An Post website.

    4. Notice of Motion with a Ground Affidavit in triplicate, lodged with the Family Court Office. You will then at this point be given a hearing date.

    I've gotten up to that stage, posted the registered letter today. Does the Affidavit of service need to be witnessed by solicitor/commissioner of oath?

    Whats a motion with ground affidavit? Practically just trying to get a judge to stamp this as everything was agreed in JS recently.

    Have to say, Staff in the courts are hit and miss, one guy is abrupt and just told to to contact Flac when I asked a simple question. Another lady was very helpful when I was checking something. Luck of the draw.


  • Registered Users Posts: 3 Ashville2020


    Lizzy b wrote: »
    Hi, I'm just wondering how you got on? I had my hearing today with registrar and didn't realise i had to make myself known when my case number was read out...there were a lot of solicitors in court room and no lay people so it was daunting..I thought they'd ask if I was present..instead there was silence and it was put back till 14th October...so what do I say at the next one? Something like ' I so and so believe all paperwork to be correctly filed and the respondent is in agreement with all terms, I ask the registrar to ?????? What then? Rule on this case? Put forward this case for ruling??? Any help would be great as I'm lost.

    Hey, a similar situation happened me today in Dublin and I'm not sure what to do next? Did you receive a letter informing you the case was put back? Did somebody at the court tell you what happened or what to do next? When I arrived I was told to wait until my case was called. There were a number of us told to wait outside the courtroom and mostly solicitors went in. At the end there were several of us who were not called (none of us heard our names or case numbers). As of now, I don't know if my case has been put back or what to do next? All help and advice appreciated.


  • Registered Users Posts: 3 Ashville2020


    Hey, a similar situation happened me today in Dublin and I'm not sure what to do next? Did you receive a letter informing you the case was put back? Did somebody at the court tell you what happened or what to do next? When I arrived I was told to wait until my case was called. There were a number of us told to wait outside the courtroom and mostly solicitors went in. At the end there were several of us who were not called (none of us heard our names or case numbers). As of now, I don't know if my case has been put back or what to do next? All help and advice appreciated.


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  • Registered Users Posts: 1 mickydonovan


    I am wondering would anyone have any advice on what I need to do or am I missing anything to get a DIY divorce?

    We were married 6 years ago and separated over 4 years. We have children together which we have maintenance and access fully agreed with no issues. We are both 100% happy to continue the terms of our separation agreement and neither of us want anything to change other than the fact we would be divorced rather than separated. She has asked me to take the lead in getting the divorce finalised. She has the house (our marital home), but I have completely signed that over to her 4 years ago and there is no disagreements on anything financially.

    We are on good terms with each other so there would be no issues that may suddenly arise. We also both want to keep it as cheap as possible.

    My understanding is I would need to do the following:

    1. Submit the 3 copies 2N -Family Law Civil Bill with the original marriage cert with the court. The court will return 1 copy stamped, to send to my ex via registered post (as part of point 3)

    2. 37A - Affidavit of Means – My statement registered with the court (can be included with the Family Law Civil Bill above) (does my copy of this need to go to my ex, I’d rather not have her know my business but if required so be it)

    Here is where my confusion begins so I hope I have it right

    3. An affidavit of Service is sent to my ex. This will include the stamped Family Law Civil Bill the court returned to me, blank affidavits of means and welfare for her to fill in. She has 10 days to return this to the courts.

    4. Once everything is received by the court, we will both receive a court appearance summons hopefully within 70 days

    If this is correct, does anyone know what the cost is for this? We do not want to get solicitors involved again for any part due to, as previously mentioned, we have arranged everything 4 years ago with solicitors and are both happy with the existing arrangement. Ideally we would not want anything to change in this or even pay again to get something similar in place

    I'm hoping this is as straightforward as I think :o

    Hi, I was looking for a bit of help. I’m applying for a DIY divorce. I have a deed of waiver signed and agreed between both parties. We have no kids or property and both on ok terms. All savings have been divided so no issues.
    I sent in my paperwork but it has been returned saying the applicants claim section is incomplete. I had just put that I am not claiming any reliefs or claims. Is there specific wording I need to put in here? Any help would be greatly appreciated


  • Registered Users Posts: 19 Tbone86


    Did you get another day in court? How did it go?


    I'm going in soon, any advice would be appreciated.



  • Registered Users Posts: 230 ✭✭surrender monkey


    Have you had your day in court yet how did it go



  • Registered Users Posts: 19 Tbone86




  • Registered Users Posts: 230 ✭✭surrender monkey


    I had mine last week all went well done and dusted in 15 mins



  • Registered Users Posts: 19 Tbone86


    Went well, how will I know it's a done deal 100% will they post something to me?



  • Registered Users Posts: 769 ✭✭✭dubal


    Yes, they will. In case there was a delay as they needed to clarify something on the pension orders



  • Registered Users Posts: 230 ✭✭surrender monkey


    They will post out a divorce decree I still haven't gotten mine yet and I was in a few weeks before you



  • Registered Users Posts: 120 ✭✭1percent


    Hi, I tried a few times myself too and had the documents returned for simular reasons. I finaly bit the bullet and paid the €600 for one of the DIY services. To be honnest money well spent, less than two months from when the first docs were received by the court to my day in the witness box and my decree of divorce is in the post.

    It was frustrating as the docs I sent in when I was doing it myself were near identical to what was provided to me when using the service but that is an issue with our legal service. But sure why would they change? A friend in a simular situation said they have been quoted €5k by a solicitor, they have a house alright that they are renting out but he said they are in agreement.

    Money for jam for our legal eagle's.



  • Registered Users Posts: 7 yeahwell


    Really interesting to read everyone's experiences.

    I'm looking at using a Diy service. The idea of sitting clueless in court doesn't appeal!

    We're split up 10+ years, have a sep agreement, so would go to court with no disagreements. I own a pension and a house, she doesnt.

    My income has gone up, hers hasn't, but maintenance for our son will hopefully be OK.

    Any advice welcome!

    If anyone has a DIY divorce company recommendation, would you mind sending it by DM (mods, if this isn't OK, please delete)



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  • Registered Users Posts: 769 ✭✭✭dubal



    I guess the only thing I would add, if you suspect that the agreement might not be straight-forward, go to mediation first. These is nothing worse than going down the self divorce route and then starting negotiation.


    Dubal



  • Registered Users Posts: 7 bonjovigirl


    Hi All,

    I would really appreciate if anyone can recommend by PM any DIY Divirce services you might have used?

    Thanks in advance 👍



  • Registered Users Posts: 7 bonjovigirl





  • Registered Users Posts: 2 Athena_C


    Can someone PM me the name of a DIY divorce service they recommend also please?



  • Registered Users Posts: 894 ✭✭✭FlubberJones


    https://www.irishdivorceservices.ie/

    back a a few years I used these and they were great.



  • Registered Users Posts: 2 TOK1993


    you should try www.nohasslediydivorces.com they did my one a two years ago and were amazing



  • Registered Users Posts: 2,454 ✭✭✭XsApollo


    well The DIY services are great when everything runs smooth,

    I had an issue with a folio number being incorrect and needed to amend the divorce order and was then blanked by diy service I used, so had to enlist a solictor to draft up the paperwork needed for that.


    The judge commented on the wording of our paperwork and said I should get my money back as it was useless, he went outside of the terms to get it over the line, which he didn’t need to do and said he did us a favour.

    anyway what i found out after is you can still use a solicitor to represent one of the parties if ye are both consenting.

    get a price for a solictor to do it and compare, the price difference might not be as big as you think.



  • Registered Users Posts: 7 yeahwell


    That sounds painful! you mind me asking which service you used? PM if you want. thanks



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