Spouses may issue Divorce Proceedings through either the Circuit Court or the high Court provided the following conditions can be met;-
1. The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made.
2. There must be no reasonable prospect of reconciliation.
3. Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children of either party and other relatives.
The main factors to be considered when going through a Divorce are;-
1. The division of the Family Home
2. Division of Other Property
3. Guardianship & Custody (If there are children to the marriage)
4. Access to the children
6. Succession Rights
8. Full and Final Settlement
Once the necessary conditions have been met, either party to a marriage may apply to court for a decree of Divorce. When applying for a Divorce your solicitor will prepare four documents which have to be submitted to the Circuit Court which are;
1. The Family Law Civil Bill. This document describes both you and your spouse, your occupations and where you live. It also sets out when you married, for how long you have been living apart and the names and birth dates of your children.
2. A sworn Statement of Means (Form 37A). This document sets out your assets, your income, your debts, your liabilities and your outgoings.
3. A sworn statement relating to the welfare of your children (Form 37B). This document sets out the personal details of the children of the marriage. It describes where they live and with whom. It also describes their education and training, their health, childcare arrangements and maintenance and access arrangements.
4. A document certifying that you have been advised of the alternatives to divorce (Form 37D). This document is sworn by a solicitor and it certifies that you have been advised about alternative dispute resolution including the options of mediation and separation.
The Spouse receiving the proceedings is known as the Respondent and is required to enter an Appearance and thereafter reply to the Family Law Civil Bill with the Respondent’s Defence.
The court has wide and varying powers with regard to what orders can be made at a Divorce hearing.
For further information, please contact Brendan Kelly Solicitors to consult with one of our experienced Family Law Solicitors for confidential advice specific to your circumstances.
Nullity occurs when the court makes an order that the marriage never existed due to the fact that certain requirements for the purposes of a valid marriage were never met.