Before you apply for divorce
Most applications for divorce are made in the Circuit Court. In some situations where assets are valued in excess of €3 million, an application can be made to the High Court. Divorce applications are not dealt with in the District Court.
The person who starts a divorce application is called the applicant. The other person is called the respondent.
The Courts Service does not charge either person a fee for making Family Law applications (which include divorce applications). You should discuss fees with your solicitor, legal representative, or mediator if you choose to use their services.
To make an application to the Circuit Court there are a number of steps to take. The information provided below is for guidance only. Always check legislation and court rules to ensure your application is correct. You might want to get legal advice to better understand what's involved.
Consider legal advice and mediation
Family Law decisions can have an impact on things such as arrangements for your children, maintenance, the family home, money, assets and pensions.
You might want to get legal advice to better understand these impacts. You can decide to represent yourself in your family law matter. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:
- advising you of your legal rights
- outlining how you might reach agreement
- preparing and filing your paperwork
- speaking on your behalf in court
If you decide to represent yourself, you will also need to understand court procedures.
Mediation helps to resolve any disputes you may have regarding arrangements for your children, maintenance, the family home, money, assets and pensions. It is a confidential service. All mediators are neutral.
Mediation is not there to help couples reconcile. It is there to encourage you to cooperate and work out mutually acceptable arrangements. During mediation, you can meet with the mediator together or separately.
On average, mediation takes between three and six one-hour sessions.
If you have children, your mediator can ensure that the voice of the child is heard during the mediation process.
Your mediated agreement can be changed or amended as needed. You will need to go to court to do this if, for example, your mediated agreement forms part of a court order.
Applicant completes and submits initial application
To begin divorce proceedings, the applicant will need to complete the necessary paperwork to make the initial application and submit it to the court office.
The application has to be made in a Circuit Court office located where either spouse works or lives. For example: if the applicant and respondent both live in Meath but work in Dublin, the application can be made in either the Meath or Dublin Circuit Court.
Complete the application
To create the initial application for divorce, the applicant will need to complete:
- A Civil Bill. This is the application document for the court judge ( Form 2N )
- An Affidavit of Means. This is a statement setting out the applicant's financial circumstances ( Form 37A )
- An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage ( Form 37B )
- A document stating they have been advised about mediation. This must be signed and submitted by their solicitor if they have hired one to represent them. If they are representing themselves, they do not have to submit this document ( Form 37D )
The applicant must sign all affidavits in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.
Submit the application
The applicant can now submit three copies of the documents to the appropriate court office. This can be done by post or by attending in person. Documents cannot currently be submitted by email. For more information about our court offices, click here.
If the application documents are approved, the court office will issue the civil bill. This will have an official embossed seal, record number and a date stamp. The court office will return the original civil bill and a copy of any affidavits to the applicant.
Submit the documents
Submit three copies of all documents to the appropriate Circuit Court office, either by post or in person. Documents cannot be submitted by email.
More information on making a divorce application
Divorce Civil Bill (Form 2N)
This is the main application document for divorce. Information you will need to include:
- Date and place of your marriage.
- How long you have been living apart.
- Names, dates of birth and ages of any dependent children.
- Details of any previous court orders or separation agreements.
- Details of the family home(s) or other residences of both spouses, including any former family home.
- Occupation of each spouse.
- The orders you want the court to make and the relevant section of the Divorce Act.
- The address where the respondent can apply for information about legal aid.
This list is not exhaustive. Always check the Circuit Court rules.
Affidavit of Means (Form 37A)
This sworn statement sets out your financial circumstances. Your spouse will complete a separate statement.
Information you will need to include:
- Assets (for example property, cars, shares, land).
- Income (for example salary, rental income, dividends).
- Expenditure (for example accommodation, education, groceries, utilities, healthcare, transport, insurance).
- Debts or liabilities (for example loans, mortgages).
- Pension entitlements.
This list is not exhaustive. Always check the Circuit Court rules.
Swear your affidavits
You must sign all affidavits in person before an independent practising solicitor (not your own solicitor) or a Commissioner for Oaths and swear that the information is correct.
Bring the completed affidavit(s), any exhibits (supporting documents) and proof of identity. There may be a fee. After it is sworn and signed, you cannot make changes to the affidavit.
Affidavit of Welfare (Form 37B)
Complete this if there are dependent children of the marriage. A child is dependent if they:
- are under 18; or
- are 18–22 and in full-time education; or
- have a disability that prevents them from fully maintaining themselves.
Information you will need to include:
- Children’s names and dates of birth.
- Where they live and a description of the accommodation.
- Education details.
- Childcare arrangements.
- Maintenance payments.
- Contact arrangements with each parent.
- Health of the children and the parents.
Marriage certificate
Submit an official state marriage certificate with your application. If the certificate is not in English or Irish, provide a translation prepared by a qualified translator and have the translator verify it on affidavit.
After you submit
If the documents are approved, the court office will issue the Civil Bill with an official embossed seal, record number and date stamp. The office will return the original Civil Bill and a copy of any affidavits to you.
Applicant serves the documents
The applicant keeps the original civil bill and a copy of the affidavits for their records. They send a copy of the civil bill and all affidavits to the respondent. Photocopies are acceptable. Alternatively, the applicant's legal representative can send these. This is called serving.
The applicant serves the documents on the respondent by registered post or in person. The applicant can also serve the documents on the respondent's solicitor, provided that the solicitor agrees to accept service.
If the applicant does not have contact details for the respondent, they will need to ask the court for further instruction.
Proof of service
The court will ask for proof that the applicant has sent the documents to the respondent. This is called an Affidavit of Service. The applicant must sign all affidavits in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths to swear that the information given is correct.
In most circumstances the respondent has ten days to respond.
If the applicant is asking the court to make a decision about a pension, they must serve a notice to the trustees of the pension scheme.
Serving Legal Documents and Proof of Service
If you made the application to the court then you are the applicant and the other party to the case is the respondent. If you are replying to papers you received then you are the respondent and the other party to the case is the applicant.
You need to provide copies of all court documents to the other party to the case. This is called serving and means making them aware you have given that document to the court. It is very important that you keep any original documents.
How to serve documents
If the other party lives in Ireland, you can serve them by registered post or personal service. If they are represented by a solicitor, you can also serve the documents on the solicitor, provided that they accept service.
If you cannot serve the documents by registered post or personal service, you may apply to the court to have the documents served in another way. For example, this might be by ordinary post or by electronic means. You might want to get legal advice to better understand what’s involved.
- Documents served by registered post: This is the most common way of serving documents. You send them to the other party at their last known address or their work address. You must keep the certificate of postage given to you at the post office as you will need this in court.
- Documents served by personal service: If you cannot serve the other party by registered post, you may wish to serve them by personal service. This means service by yourself personally, or by a summons server. This is someone who specialises in serving legal documents and must serve them in accordance with court rules. You will be charged for this service, so discuss fees with the service provider.
What you need to show proof of service
After the documents have been served, you must provide proof of service to the court. You do this by filing an Affidavit of Service or a Statutory Declaration of Service in the Circuit Court.
Documents served by registered post
- Affidavit of Service: Using this process, the affidavit must set out the date of service, the documents that were served, and the method of service. The certificate of postage should be attached to the affidavit. The affidavit must then be filed in the court office. If the documents are not returned undelivered to you within ten days, you can now swear an affidavit of service. In other words, you can swear that the documents have been served on the other party based on the postal company's tracking and tracing system.
Or
- Declaration of Service: Alternatively, if the documents are not returned undelivered to you by An Post within ten days, you can fill out Form 1B. With this you can declare to an authorised person that the documents have been served. The certificate of postage should be attached to the statutory declaration. The statutory declaration must then be filed in the court office.
Documents served by personal service
- Affidavit of Service: If the documents have been served by personal service, the person who served the documents must swear an Affidavit of Service. The affidavit must set out the date of service, the documents which were served, and the method of service. The affidavit must then be filed in the court office.
Or
- Declaration of Service: If the documents have been served by personal service, the person who served the documents must fill out Form 1C and declare to an authorised person that the documents have been served. The statutory declaration must then be filed in the court office.
Update originating (or original) documentation
- Their name
- The current date and the date of service
- How the document was served on the other party
Respondent replies
Once the respondent has received the divorce papers, they can consent (agree) with the terms of the divorce as set out in the Civil Bill. They can also contest (disagree) with the terms. Whatever decision the respondent makes, they must enter an appearance with the court office.
If the respondent decides not to reply to the Civil Bill the applicant can still ask the court to proceed with the divorce.
How to enter an appearance
The respondent will need to complete a Form 5 - Entry of Appearance. In most circumstances the respondent has 10 days to submit the form to the court office. The length of time they have to do this is written on the civil bill.
Respondent consents (agrees)
If the respondent agrees to the terms of divorce as set out in the civil bill, they can send a letter to the applicant stating that they agree. This is called a consent case.
If both applicant and respondent agree about the terms of the divorce, it usually means the process is quicker and simpler. Even if both parties do not agree initially, they can change their minds and reach an agreement at any stage in the process.
Any agreement about the terms of the divorce will be considered by a judge as part of a court order. The judge might ask for additional information or updated documents to be provided before making a final decision.
More information on getting help to reach an agreement >
If consenting to the divorce, the respondent will also need to complete:
- An Affidavit of Means. This is a statement setting out the respondent's financial circumstances. (Form 37A)
- An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage. (Form 37B)
The respondent must sign all affidavits listed above in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct before filing it with the court office and serving it on the other party.
Respondent contests (disagrees)
If the respondent does not agree to the terms of divorce, this is called a contested case. To contest the divorce, the respondent will need to complete:
- A Defence document. This disputes any terms in the civil bill and sets out what the respondent claims to be entitled to. (Form 6A)
- An Affidavit of Means. This is a statement setting out the respondent's financial circumstances. (Form 37A)
- An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage. (Form 37B)
The respondent must sign all affidavits listed above in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.
More information on completing a Defence >
Proof of service
The court will ask for proof that the respondent has sent all relevant documents to the applicant. This means the respondent must complete an Affidavit of Service. The respondent must sign all affidavits in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.
If the respondent is asking the court to make a decision about a pension, they must serve a notice to the trustees of the pension scheme.
More information on how to serve documents and proof of service >
What does it mean to 'enter an appearance'?
When you enter an appearance, it means the applicant and the court know that you are responding to the civil bill. The entry of appearance will say whether you have a solicitor or wish to represent yourself at this stage, and where to send documents.
If you do not enter an appearance, the judge may make decisions about your case without your response.
Here are the three steps to follow:
1. Complete Form 5 - Entry of Appearance
You will need to complete Form 5 - Entry of Appearance. You usually have ten days to submit the form to the court office. The length of time you have to do this is written on the civil bill.
Please note there are two sections of the form to be signed and dated: (i) directed to the County Registrar and (ii) directed to the applicant (or their solicitor). The applicant may be referred to as 'the plaintiff' on the form.
2. Submit completed Form 5 to the court office
You will need to give three copies of this form to the court office to be date-stamped. The court office will check to see that you are submitting this form within the time limit stated on the civil bill. If the form is accepted, the court office will return two date-stamped copies to you. You will keep one copy and you will need to send the other copy to the applicant or their solicitor.
If you are late completing your entry of appearance form, you can ask the applicant or their solicitor for extra time. If they agree, they should write a letter to you saying how much extra time you have. Bring this letter of agreement to the court office with your completed entry of appearance form.
If they do not agree to extra time, you can ask a court to make a decision on this.
3. Serve the entry of appearance
The civil bill will have the address to which you are to send any documents about the case to the applicant.
You will need to send one copy of your entry of appearance to your spouse.
You will need proof of sending the document to the correct address.
For more information on serving documents >
Defence and Counterclaim
To contest a divorce you will need to complete a Defence form. You will also need to complete an Affidavit of Means form. If there are dependent children you will also need to complete an Affidavit of Welfare form. The information that you need to include is set out in Circuit Court rules. You might want to get legal advice to better understand what's involved.
Defence (Form 6A)
In completing your defence, you may want to respond to or dispute any of the claims in the civil bill. You may also wish to add additional requests for orders you want the court to make and the section(s) of the Divorce Act that allows the court to make these orders. This is called a counterclaim.
Affidavit of Means (Form 37A)
This is a statement setting out your own financial circumstances. Your spouse will set out a separate financial statement. You must sign the affidavit in person in front of a solicitor (but not your own solicitor) or Commissioner for Oaths and swear that the information you are giving is correct.
The information you will need to include in this affidavit include:
- Your assets, such as property, cars, the family home, shares and land.
- Your income, including your wage or salary, rental income and share dividends.
- Your expenditure on accommodation, education, groceries, utilities, healthcare, dental, motor, public transport, entertainment and insurance.
- Debts and/or liabilities, such as loan repayments and mortgages.
- Pension entitlements.
This is not an exhaustive list, so you should always refer to the Circuit Court rules.
Swearing your affidavit
You must take the completed affidavit, any exhibits (supporting documents) and proof of your identity to a Commissioner for Oaths or a solicitor (but not your own solicitor). There may be a charge for this service so make sure to ask in advance.
A Commissioner for Oaths or solicitor will ask you to take an oath or affirmation before signing the affidavit. You cannot make any changes to the affidavit once it has been sworn and signed.
Affidavit of Welfare (Form 37B)
An Affidavit of Welfare is a sworn statement about the dependent children of the marriage. If there are no dependent children, you can skip this step.
A child is considered dependent if they:
- are under the age of 18
- are over the age of 18 but under the age of 23 and in full-time education
- have a mental or physical disability where it is not possible for them to fully maintain themselves
The type of information you will need to include is as follows:
- The names and dates of birth of any children.
- Details about where the children are living and a description of the accommodation.
- Details about the children’s education.
- Details about the children's childcare arrangements.
- Details about any maintenance payments being made.
- Details of contact with the children.
- Details of the health of the children and the parents.
Get a date for the court hearing
At this stage, these are the most common scenarios which might apply:
- Documents have been exchanged - applicant and respondent agree.
- Documents have been exchanged - applicant and respondent do not agree.
- No formal response has been received from the respondent.
Applicant and respondent consent (agree)
If both parties agree on the terms of divorce, they should make and sign a written agreement. This is often called a Terms of Agreement document. It can also be referred to as a Terms of Consent or Terms of Settlement document. A judge will consider this written agreement when making any court orders.
To proceed with the divorce, either person (but usually the applicant) will need to file a Notice of Motion with the court office for an order on agreed terms.
More information on notices of motions >
At any stage before the judge's hearing there may be additional steps or actions to be completed. Sometimes, the case will be reviewed by the County Registrar before going to the judge. County Registrars are legal professional court officers with administrative functions in the Circuit Court. Each county may have its own review process. Contact your court office for more information.
Applicant and respondent contest (disagree)
If one party disagrees with the terms of divorce, the matter may be reviewed by the County Registrar in a Case Progression hearing. This hearing aims to identify and resolve issues before going to court. The County Registrar will establish any steps to be taken to prepare the case for hearing by a judge. This can include identifying the issues in dispute and ensuring all paperwork is correct.
More information on Case Progression >
No response
If the respondent does not enter an appearance, file a defence or provide proof of agreement, the applicant can ask the court to proceed with the divorce.
More information where there is no response >
Notice of Motion
A Notice of Motion is a written application to the court. It is used to ask a County Registrar or a judge for directions or decisions relating to a case. It can include matters such as:
- serving documents
- requesting extra time to respond
- arranging court hearings
- requesting orders
Here are the steps to follow:
1. Complete Notice of Motion
In your notice you will need to state what you are asking the court for directions or decisions on. If you have a solicitor, they will do this for you.
The process for allocating a Notice of Motion with a date for court varies by location. Contact your local court office for information on their process before you serve the other party.
Click here for contact details of all court offices >
2. Grounding Affidavit
A Grounding Affidavit sets out the facts and relevant documents to be considered by the court. You have to swear the facts of the affidavit to be true. This has to be done in person with a solicitor (but not your own solicitor) or a Commissioner for Oaths. This affidavit needs to be completed with the Notice of Motion.
3. Serve the Notice of Motion and file in the court office along with supporting documents
You must serve a copy of the Notice of Motion and grounding affidavit on the other party. You should keep a copy of all documents for your own records. After serving, you must file the following documents in the court office:
- original Notice of Motion
- original grounding affidavit; and
- proof of service on the other party
If the documents are in order, the Notice of Motion will be listed for court.
Case Progression?
Case Progression is the management of a case by a County Registrar before it goes for a full hearing before a judge. A County Registrar is an officer of the court who can make certain decisions in relation to a case.
The aim of this is to confirm that all steps necessary have been taken before a case is heard by a judge. This will help make the hearing process quicker.
How does Case Progression work?
The decision to use the case progression process depends on the circumstances of your case. If your case requires a case progression hearing, the Courts Service will serve both parties with a:
- Case Progression Summons. This will tell you the date and time that you (or your solicitor) need to attend the County Registrar's hearing. It will also tell you what you need to do beforehand.
- Case Progression Questionnaire. This aims to find out what the applicant and respondent agree or disagree on. It also discovers what needs to happen before a judge can hear a case. After you receive the questionnaire you need to:
- Fill it out.
- Serve a copy on the other party.
- File it in the court office at least seven days before the hearing date.
Attend a Case Progression hearing
Both the applicant and respondent (and/or their solicitors) will attend this hearing and discuss the case with the County Registrar. The County Registrar can then make directions or orders to ensure that the case is properly prepared before it goes for hearing before a judge.
More information on how to prepare for attending court >
No Response
After you serve the civil bill you must provide proof of service to the court.
The respondent has a time limit in which to reply the civil bill. The civil bill states this time limit. If you are serving the civil bill abroad, or if the County Registrar or judge has given specific instructions about timelines, you should follow those directions as required. When the respondent lets the applicant and court know that they are responding to the civil bill, it is known as entering an appearance.
If the respondent doesn't reply to the civil bill, or makes a partial reply, there are two options available:
1. No appearance entered
If the respondent has not entered an appearance within the time limit, you have to send them a reminder. This reminder is called a 14-Day Warning Letter. You need to write to the respondent to tell them they have a further fourteen days in which to enter an appearance. If they do not respond within that time, you will ask the judge to proceed with the case and make a decision in default of appearance.
You will need to keep a copy of this letter. It is very important that you keep proof of service of this letter for the court.
The respondent may contact you and ask for extra time to enter an appearance. You may send them a letter agreeing to this and state the extra time allowed. Usually people allow an extra week or two.
If the respondent does not reply by the 14-day time limit or by any extra time given, you can proceed with your case. You can complete a Notice of Motion asking the judge to make a decision in default of appearance. You will need to complete a Grounding Affidavit to support the Notice of Motion stating all facts and relevant documents for the court.
More information on Notice of Motion and Grounding Affidavit >
2. Appearance entered but no defence filed
If the respondent entered an appearance but has not filed a defence within the time limits, you have to send them a reminder. This reminder is called a 14-Day Warning Letter. You need to write to the respondent to tell them they have a further fourteen days in which to file their defence. If they do not respond by that time, you will ask the judge to proceed with the case and make a decision in default of defence.
You will need to keep a copy of this letter. It is very important that you keep proof of service of this letter for the court.
The respondent may contact you and ask for extra time to file their defence. You may give them a letter agreeing to this and state the extra time allowed. Usually people allow an extra week or two.
If the respondent does not reply by the 14-day time limit or by any extra time given, you can proceed with your case. You can complete a Notice of Motion asking the judge to make a decision in default of defence. You will need to complete a Grounding Affidavit to support the notice, stating all facts and relevant documents for the court.
More information on Notice of Motion and Grounding Affidavit >
Receive a court order
After the court hearing, the court office will finalise the court order. The office will send it to the applicant and respondent, or their solicitors, as soon as it is ready.
Other court orders relating to matters such as property or pensions may follow afterwards.
If you do not receive the court order within four weeks, contact the court office. Sometimes documents, such as a typed terms of agreement, need to be given to the court office before the court order can be completed and sent.
Appealing a court order
You have the right to appeal if you are not happy with the decision of the judge. If you wish to appeal the decision, you must file your appeal documents within ten days of the court hearing.
