Circuit Court Divorce Forms

There is no legal requirement to employ a solicitor or barrister to file for divorce. Either spouse may draft and file the proceedings – though that is not advisable unless there is absolute agreement about every issue to be decided by the judge. He or she will be anxious to ensure that both parties are fully aware of their rights and duties. Whenever there is likely to be a conflict on any matter (such as children, property, maintenance, pension or succession rights), an experienced family lawyer should be consulted.

Anyone applying for a divorce in the Republic of Ireland must submit certain documents to the Court and to the other side. Details of the documents and of other technical matters are set out in full in Statutory Instrument number 312 of 2007 and Statutory Instrument number 358 of 2008, which you can order from Government Publications (on weekdays, during working hours, except lunchtimes) at 00353-1-647 6834 or by email. The headings and addresses on these sample documents will vary, depending on the area where the applicant or respondent live.

If the other party lives outside the State, permission should be sought from the County Registrar to ‘serve outside the jurisdiction’, unless the spouse is resident in an EU state (except Denmark). Since 19 December 2014, Order 14A of the Circuit Court Rules, under the Lugano Convention and Maintenance Regulation, has permitted service of civil proceedings by registered post on a person domiciled elsewhere in the EU ‘without leave of the court’, as long as court proceedings are not pending in another member state. If you serve the documents by post, the respondent has five or six weeks to answer the civil bill.

In the case of a Circuit Court action, you (or your solicitor) must file