How to apply for a divorce - COR
Respond to a divorce application

Before you start

Which court deals with divorce

Most divorce applications are made in the Circuit Court. This guide explains the Circuit Court process.

In a small number of cases involving high-value assets, an application may be made to the High Court. Divorce applications are never dealt with in the District Court.

Who is who in a divorce case

The person who starts the application is called the applicant. The other spouse is called the respondent.

Costs

The Courts Service does not charge a fee for family law applications, including divorce. You may still have other costs, for example:

• solicitor or barrister fees, if you use one
• mediator fees, if you use a private mediator
• a fee for swearing affidavits, if you apply on paper

Choose how you will apply

You can apply to the Circuit Court either:

• online, through the Courts Portal
• on paper, by submitting documents to a Circuit Court office

Your choice affects some later steps. For example, the respondent can only reply online if you applied online.

Get legal advice if you need it

Divorce decisions can affect arrangements for your children, maintenance, the family home, money, other assets and pensions.

You can represent yourself, but you might want to get legal advice first. The Courts Service cannot advise or represent you. A legal representative can:

• advise you of your legal rights
• help you reach agreement with your spouse
• prepare and file your paperwork
• speak for you in court

If you represent yourself, you will need to understand court procedures. This guide is for general guidance only. Always check the relevant legislation and the Circuit Court Rules.

Consider mediation

Mediation can help you and your spouse agree arrangements for children, maintenance, the family home, money, assets and pensions. It is confidential, and mediators are neutral.

Mediation is not about getting back together. It helps you cooperate and work out arrangements you can both accept. You can meet the mediator together or separately. On average, mediation takes 3 to 6 one-hour sessions.

If you have children, the mediator can make sure the voice of the child is heard.

You can change a mediated agreement later. If the agreement forms part of a court order, you will need to go back to court to change it.

Find out more about mediation and legal help

Make your application

Where to apply

Apply to the Circuit Court office for the area where either you or your spouse lives or works.

Option A: apply through the Courts Portal

If you apply through the Courts Portal, it will prompt you to download, complete and upload each document as you work through the application.

You can also download the templates in advance to prepare your documents.

Documents you normally need when applying online

• Divorce Civil Bill template (Form 2N, DOCX) – the official form is titled ‘Family Law Civil Bill’
• Statement of Truth of Means template (Form 37A, DOCX)
• Statement of Truth of Welfare template (Form 37B, DOCX) – only if there are dependent children
• Mediation declaration (Form 37D, PDF) – only needed if you have a solicitor; your solicitor completes it

You must sign all portal templates electronically in the portal. The portal will guide you through the signing process.

Visit Courts Portal forms for the full list of online templates.

Option B: apply on paper

If you apply on paper, complete the required forms and submit 3 copies to the Circuit Court office, by post or in person. You cannot currently submit documents by email.

Documents you normally need for a paper application

• Divorce Civil Bill (Form 2N) – the official form is titled ‘Family Law Civil Bill’
• Affidavit of Means (Form 37A, PDF)
• Affidavit of Welfare (Form 37B, PDF) – only if there are dependent children
• Mediation declaration (Form 37D, PDF) – only needed if you have a solicitor; your solicitor completes it

Swearing affidavits (paper applications only)

An affidavit is a written statement that you swear is true. For paper applications you must swear and sign each affidavit in person, in front of:

• a practising solicitor who is not your own solicitor, or
• a Commissioner for Oaths

Bring the completed affidavit, any exhibits (supporting documents) and proof of your identity. There may be a fee, so ask in advance. You cannot change an affidavit after it has been sworn and signed.

Statements of Truth (used for online applications) are not sworn. You sign them electronically in the portal instead.

What to include in each document

Divorce Civil Bill (Form 2N)

This is the main application document. You will need to include:

• the date and place of your marriage
• how long you have been living apart
• the names, dates of birth and ages of any dependent children
• details of any previous court orders or separation agreements
• details of the family home or homes, and any other residences of both spouses
• the occupation of each spouse
• the orders you want the court to make, and the section of the Divorce Act that applies
• the address where the respondent can get information about legal aid

This list is not exhaustive. Always check the Circuit Court Rules.

To help you draft the Civil Bill yourself, we have published guidance on the minimum information usually required. The wording is a starting point only – adapt it to your circumstances. It is not legal advice.

• Family Law Civil Bill – key information required

Affidavit or Statement of Truth of Means (Form 37A)

This document sets out your financial circumstances. Your spouse will complete their own, separate document.

Use the Affidavit of Means if you are applying on paper. Use the Statement of Truth of Means if you are applying online.

You will need to include your:

• assets – for example property, cars, shares or land
• income – for example salary, rental income or dividends
• expenditure – for example accommodation, education, groceries, utilities, healthcare, transport and insurance
• debts and liabilities – for example loans and mortgages
• pension entitlements

This list is not exhaustive. Always check the Circuit Court Rules.

• Statement of Truth of Means (Form 37A) – key information required

Affidavit or Statement of Truth of Welfare (Form 37B)

Complete this document only if there are dependent children of the marriage.

Use the Affidavit of Welfare if you are applying on paper. Use the Statement of Truth of Welfare if you are applying online.

A child is dependent if they:

• are under 18, or
• are aged 18 to 22 and in full-time education, or
• cannot fully maintain themselves because of a mental or physical disability

You will need to include:

• the children’s names and dates of birth
• where they live, and a description of the accommodation
• their education details
• their childcare arrangements
• any maintenance payments being made
• contact arrangements with each parent
• the health of the children and the parents

Marriage certificate

You must provide an official state marriage certificate.

If you apply online, upload a scan and keep the original. Bring the original with you whenever you attend court.

If the certificate is not in English or Irish, provide a translation by a qualified translator. The translator must verify the translation in an affidavit (paper applications) or a statement of truth (online applications).

After you submit

If the court office accepts your documents, it will issue the Civil Bill with an official seal, record number and date stamp.

• If you applied on paper, the issued documents and your submitted copies will be posted to you.
• If you applied online, the portal will notify you when the issued documents are ready to view and download.

Next, you must serve the issued documents on your spouse. Step 3 explains how.

Find your court office

Serve the application

What serving means

After the court office issues the Civil Bill, you must give the issued documents and supporting documents to the respondent. This is called serving the documents.

If you are the respondent: you will also need to serve your own documents on the applicant later. The methods and proof-of-service rules on this page apply to you in the same way – read ‘applicant’ as the person doing the serving.

You can serve the documents on the respondent directly, or on their solicitor if the solicitor agrees to accept service.

If you have no address or contact details for the respondent, contact your court office. You may need to apply to the court for permission to serve the documents another way.

Pensions: if you are asking the court to make a decision about a pension, you must also serve a notice on the trustees of the pension scheme.

Option A: serve through the Courts Portal (digital service)

If the documents were filed in the Courts Portal, you can serve them digitally through the portal. You will need an email address and phone number for the person you are serving.

The portal notifies you when the documents have been accessed.

Important: the documents are not considered served until the recipient accesses them in the portal (unless the recipient is already a registered portal user). If the documents are not accessed within 72 hours, the portal will notify you. Service has not happened at that point – you may need to serve by a traditional method instead, for example registered post or personal service.

Learn more about digital service

Option B: serve using traditional methods

If the person you are serving lives in Ireland, you can serve them by:

• registered post, to their last known home or work address, or
• personal service – handing the documents to them in person

You can use these methods however the documents were filed – on paper or in the Courts Portal.

If the documents were filed in the portal, use the ‘Print for physical service’ option to download them for printing. This makes sure the person you serve can still reply online if they wish.

However you serve, the respondent then has a set time to enter an appearance – usually 10 days. The exact time limit is stated on the Civil Bill.

Proof of service

You must prove to the court that the documents were served on the respondent. How you do this depends on how the documents were filed and served.

If you filed and served through the portal

File a Statement of Truth of Service in the Courts Portal. Download the Statement of Truth of Service template (DOCX), or download it in the portal.

When you upload the completed form, the portal automatically generates a record of digital service. This record is included with your Statement of Truth of Service when you submit it.

If you filed through the portal but served by post or in person

You can still file a Statement of Truth of Service in the portal, using the same template above.

If you served by registered post, upload a copy of the certificate of postage as a supporting document before you submit.

If you filed on paper and served by registered post

You can prove service in one of 2 ways.

Way 1 – Affidavit of Service:

1. Wait 10 days after posting. If An Post does not return the documents to you undelivered, you can treat them as served.
2. Prepare an Affidavit of Service. It must state the date of service, the documents served, and the method of service. Attach the certificate of postage.
3. Swear the affidavit before a solicitor (not your own) or a Commissioner for Oaths.
4. File the sworn affidavit in the court office.

Way 2 – Endorsement of Service (Form 1B):

1. Wait 10 days after posting. If An Post does not return the documents to you undelivered, you can treat them as served.
2. Fill out Form 1B – Endorsement of Service (registered post). Attach the certificate of postage.
3. Declare to an authorised person that the documents have been served. This is called a statutory declaration.
4. File the statutory declaration in the court office.

If you filed on paper and served in person

The person who served the documents must prove service in one of 2 ways.

Way 1 – Affidavit of Service: they swear an Affidavit of Service stating the date of service, the documents served, and the method of service. The affidavit is then filed in the court office.

Way 2 – Endorsement of Service (Form 1C): they fill out Form 1C – Endorsement of Service (personal service) and declare to an authorised person that the documents have been served. The statutory declaration is then filed in the court office.

Get a court date and prepare for the hearing

At this stage, one of 3 situations will usually apply:

• both of you agree on the terms of the divorce
• you do not agree on the terms
• the respondent has not replied

If both of you agree (consent cases)

If you both agree on the terms of the divorce, make and sign a written agreement. This is usually called a terms of agreement document. You may also hear it called terms of consent or terms of settlement. A judge will consider it when making court orders.

To move the divorce forward, either of you (usually the applicant) files a notice of motion with the court office, asking for an order on the agreed terms.

In some counties, the County Registrar reviews the case before it goes to the judge. County Registrars are legally qualified court officers with administrative functions in the Circuit Court. Because the review process varies by county, contact your court office for details.

If you do not agree (contested cases)

If one of you disagrees with the terms, the County Registrar may review the case at a case progression hearing. This aims to identify and resolve issues before the case goes to a judge – for example, confirming what is in dispute and checking that the paperwork is in order.

If the respondent has not replied

The respondent has a time limit to reply to the Civil Bill. The time limit is stated on the Civil Bill. Different timelines apply if you served the Civil Bill abroad, or if the County Registrar or judge has given directions – follow those directions.

If the respondent does not reply, or only partly replies, what you do depends on how far they got.

If no appearance was entered

1. Send the respondent a reminder called a 14-day warning letter. This tells them they have a further 14 days to enter an appearance. Keep a copy of the letter and proof that you sent it.
2. If they ask for extra time and you agree, confirm the extra time in a letter. Submit this letter with any related filings if required.
3. If they still do not respond within the 14 days (or any extra time agreed), file a notice of motion asking the judge to make a decision in default of appearance. You will also need a grounding affidavit or grounding statement of truth setting out the relevant facts and documents.

If an appearance was entered but nothing further was filed

This applies where the respondent has entered an appearance but has neither consented in writing nor filed a defence.

1. If the respondent has not filed a defence within the time limit, send them a 14-day warning letter. This tells them they have a further 14 days to file their defence. Keep a copy of the letter and proof that you sent it.
2. If they ask for extra time and you agree, confirm the extra time in a letter.
3. If they still do not respond within the 14 days (or any extra time agreed), file a notice of motion asking the judge to make a decision in default of defence. You will also need a grounding affidavit or grounding statement of truth.

Notices of motion

A notice of motion is a written application to the court. You use it to ask a County Registrar or judge for directions or decisions about your case, for example about:

• serving documents
• extra time to respond
• arranging court hearings
• orders you want the court to make

You must support your notice of motion with a grounding statement of truth (online) or a grounding affidavit (paper). This document sets out the facts and lists the documents the court should consider.

Follow these 3 steps:

1. Complete the notice of motion and supporting document

   In the notice, state what you are asking the court to decide or give directions on. If you have a solicitor, they will do this for you.

   Online: download, complete and upload these templates in the Courts Portal, then sign them electronically. The portal will guide you through signing.

   • Notice of motion template (DOCX)
   • Grounding statement of truth template (DOCX)

   Visit Courts Portal forms for the full list of online templates.

   On paper: complete the notice of motion and the grounding affidavit. You must swear the affidavit before a solicitor (not your own) or a Commissioner for Oaths. Submit the affidavit with the notice of motion.

2. Submit the notice of motion

   If the documents are in order, the notice of motion will be listed for court.

   Online: the portal will notify you when the court office accepts your filing and allocates a court date. The documents will be stamped digitally with the court date details.

   On paper: the process for allocating a court date varies by location. Contact your local court office to confirm their process before you serve the other party.

3. Serve the documents and file proof of service

   Serve a copy of the notice of motion and the grounding affidavit or statement of truth on the other party. Keep copies of everything for your own records. After serving, file proof of service.

   How to serve documents and prove service

Case progression

Case progression is the management of a case by a County Registrar before it goes to a full hearing before a judge. The aim is to confirm that all necessary steps have been taken, which can make the hearing quicker.

Whether your case needs case progression depends on its circumstances.

How case progression works

If your case needs a case progression hearing, the Courts Service will serve both parties with:

• a case progression summons – the date and time you (or your solicitor) must attend the County Registrar’s hearing, and what to do beforehand
• a case progression questionnaire – this identifies what you agree and disagree on, and what needs to happen before a judge can hear the case

When you receive the questionnaire, you must:

1. fill it out
2. serve a copy on the other party
3. file it in the court office – or online, if the summons and questionnaire came through the Courts Portal – at least 7 days before the hearing date

At the case progression hearing

Both parties (or their solicitors) attend and discuss the case with the County Registrar. The County Registrar can make directions or orders so the case is properly prepared before it goes to a judge.

Important: if the original application was made online, the applicant (or their solicitor) must bring the original marriage certificate when attending court.

How to prepare for attending court

Attend court and receive the order

At the hearing, the judge considers the application and any responses.

If the divorce is granted, the court office will finalise the court order and issue it to both parties (or their solicitors) when it is ready.

If your case is in the Courts Portal, you will be able to view the order there.

If you have not received the order within 4 weeks, contact the court office. Sometimes documents, such as typed terms of agreement, must be given to the court office before the order can be completed and sent.

Appealing a court order

You have the right to appeal if you are not happy with the judge’s decision.

You must file your appeal documents within 10 days of the court hearing.

Important: this deadline may pass before you receive the written order. If you are considering an appeal, act immediately after the hearing – do not wait for the order to arrive.

How to appeal a Circuit Court order