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DIY Divorce - form confusion

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  • 30-09-2018 9:53pm
    #1
    JonatanMack
    Registered Users Posts: 7 ✭


    Hi there. It seems like my wife and I are a straight forward case. No kids and no shared assets. Separated for 5 years but no legal separation. We want to go ahead with a divorce but don't want to use solicitors.

    I have downloaded the following from courts.ie:
    37A - Affidavit of Means
    2N - Family Law Civil bill
    37D - Statement of Alternatives

    The first two seem easy enough to fill in but the third seems tricky (there being no solicitor). Does anyone have any advice on this?

    Also, is it just the applicant who fills out all of these forms? What does the respondent do? I know there is something about sending them a registered letter but I am not sure what this letter is or at what point it is sent.

    When all of these documents have been filled out is it just a matter of one of us going down to the local court and they will file them and contact the applicant once they have a suitable date.

    Thanks for any help.


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    #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If its as straight forward as you say maybe the 2 of ye could go to mediation. They will help with all that stuff.


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    #3
    winksblinks
    Registered Users Posts: 51 ✭✭winksblinks


    JonatanMack I'm nearing the end of the process - due in court on the 25th of October and I was the applicant and it was uncontested - we both wanted to do it as cheaply as possible. Steps I took are as follows:

    1. Family Law Civil Bill to be submitted with your original marriage cert.

    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

    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 had a few other bits around maintenance and access as we have kids but we did everything ourselves to date. Its tough to navigate but I found the staff in the Family Court Office largely helpful.


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    #4
    JonatanMack
    Registered Users Posts: 7 ✭JonatanMack


    Hi winksblinks,

    sorry I somehow missed your reply until now. Thanks for that info.

    I have been to the Family Court Office a few times and I have taken the first steps.

    The Civil Bill and Affidavit of Means have been filled out and lodged with the court and a copy sent to my ex.

    So now I am just waiting for that to be delivered and I will print off the receipt as you said and get the Affidavit of Service signed and file these with the court. The woman in the court office also said that my ex could write a letter of consent to the application on receipt and send a copy to me and a copy to the court but she said this wasn't necessary as such. I'm not totally clear on it.

    Anyway I hope to move on to Step 4 by Friday - if not it will have to wait until January.

    Thanks for laying those out. It seems to be going fine so far.


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    #5
    winksblinks
    Registered Users Posts: 51 ✭✭winksblinks


    My ex did the letter of consent as it confirmed his agreement around custody etc. Definitely not necessary but I can send you my template if you do want it.

    Its great to get through what is already a difficult time without massive legal costs and the judge commented on our court date that it was good to see everything sorted and agreed in an amicable manner.

    Best of luck!


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    #6
    JonatanMack
    Registered Users Posts: 7 ✭JonatanMack


    Thanks a lot winksblinks. I will ask my ex to write the letter so (or I will send her a template) but there is no need to send me yours. The woman in the court office has been really helpful and she said it can be short and sweet and really just has to say I consent to the application. I appreciate the offer though.


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    #7
    Wilma_
    Registered Users Posts: 3 ✭Wilma_


    JonatanMack wrote: »
    Hi winksblinks,

    sorry I somehow missed your reply until now. Thanks for that info.

    I have been to the Family Court Office a few times and I have taken the first steps.

    The Civil Bill and Affidavit of Means have been filled out and lodged with the court and a copy sent to my ex.

    So now I am just waiting for that to be delivered and I will print off the receipt as you said and get the Affidavit of Service signed and file these with the court. The woman in the court office also said that my ex could write a letter of consent to the application on receipt and send a copy to me and a copy to the court but she said this wasn't necessary as such. I'm not totally clear on it.

    Anyway I hope to move on to Step 4 by Friday - if not it will have to wait until January.

    Thanks for laying those out. It seems to be going fine so far.

    Hi,

    I am.doing a DIY divorce and confused on what to write under Applicant Claims section of the 2N Family Civil Bill. Please give me some guidance on what to write.
    Thank.you..much appreciated.


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    #8
    jbryc04
    Registered Users Posts: 13 ✭jbryc04


    Can i please ask did you do yours totally without Help or use a online service that provides the forms and helps you along with what needs to be done next approx €650? Or if not where did you get the forms/


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    #9
    Wilma_
    Registered Users Posts: 3 ✭Wilma_


    Hi

    I downloaded the forms from courts.ie


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    #10
    laoisgem
    Registered Users Posts: 555 ✭✭✭laoisgem


    winksblinks wrote: »
    My ex did the letter of consent as it confirmed his agreement around custody etc. Definitely not necessary but I can send you my template if you do want it.

    Its great to get through what is already a difficult time without massive legal costs and the judge commented on our court date that it was good to see everything sorted and agreed in an amicable manner.

    Best of luck!

    Winksblinks,

    I can't find this 4. Notice of Motion with a Ground Affidavit on the courts website :o Also if I'm not being too cheeky can I ask you to pm me the template your ex used please :)


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    #11
    LastStop
    Registered Users Posts: 308 ✭✭LastStop


    laoisgem wrote: »
    Winksblinks,

    I can't find this 4. Notice of Motion with a Ground Affidavit on the courts website :o Also if I'm not being too cheeky can I ask you to pm me the template your ex used please :)

    Yeah the court forms on the site are a bit all over the place if you don't know what to look for. Which most of us don't.

    At the moment I've handed in the 2n civil bill and there was no appearance filed so I tried to hand in a motion for default judgement due to no appearance. I was refused because I hadn't sent a notice that I was going to apply for default.

    The lady in the courthouse mentioned a consent to allow additional time to file an appearance needed to be submitted but I can't find anything like that, not that i want to consent to giving extra time either but that doesn't appear to be an option.

    There is one helpful lady down there and one guy who just gives the impression he hates dealing with joe public and responds with, go get legal advice for nearly everything. The funny thing is phoenix house said go talk to Flac and Flac said go talk to staff at Phoenix house.


    Anyone know what a consent thing is?


    And just to add, what looked like a straight forward file and wait process looks more and more daunting with every turn. The only thing that keeps me going is the knowledge that i don't need to give a solicitor any more of my money . Hopefully, cause the got nearly all of it already.


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    #12
    Annie200
    Registered Users Posts: 2 ✭Annie200


    Hi I'm getting divorced myself and I'm close to having the documents right but I've the wording wrong. Could anyone help me with the wording for my claim (no claim is sough but want to protect future assets on or before death)


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    #13
    nicrob08
    Registered Users Posts: 62 ✭✭nicrob08


    Is this thread still active, just have 1 or 2 questions in relation to drafting my own papers. I understand most of it just 1 section had me stumped


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    #14
    LastStop
    Registered Users Posts: 308 ✭✭LastStop


    nicrob08 wrote: »
    Is this thread still active, just have 1 or 2 questions in relation to drafting my own papers. I understand most of it just 1 section had me stumped

    Best to just ask and you might get an answer


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    #15
    r01nd1
    Registered Users Posts: 1 ✭r01nd1


    Hi Folks - does anyone know in what circumstances you have to file a Notice of Motion? We've a straightforward, uncontested case - everything's agreed in our separation agreement and we are still on good terms. We're getting all the paperwork in order but not sure if the Notice of Motion, which I have seen mentioned in various places needs to be submitted or not. Cheers


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