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Divorce – frequently asked questions
What if we get back together for a short time?
Can we live separately ‘under the one roof’?
Are short marriages treated differently?
Do I have to get a divorce?
How much does it cost?
What happens at court?
When can I remarry?
What if we get back together for a short time?
You must have been separated for at least 12 months before you can apply for a divorce.
You can get back together for up to three months without re-starting the 12-month separation period. For example, if you are separated for four months, get back together for almost three months and then separate again for eight months, this will be considered a total of 12 months’ separation. However, if you were back together for four months only the most recent eight months would count as separation.
Can we live separately ‘under the one roof’?
Yes. You may be able to get a divorce if you live in the same house after separation but lead separate lives.
The things the court will look at in deciding whether you separated ‘under the one roof’ are whether:
- you sleep together
- you have sex or sexual activity
- you share meals and domestic duties (in a different way to when you were married)
- you share money and bank accounts
- your friends and family think of you as separated.
If this applies to you and you want a divorce, get legal advice.
Are short marriages treated differently?
If you have been married for less than two years you can only get a divorce if you and your spouse go to a counselling session, or if there are special circumstances. If your spouse refuses to participate, you can still get a divorce. Get legal advice.
Do I have to get a divorce?
No, but you cannot remarry unless you get a divorce. Staying married affects your rights and obligations in relation to financial matters, Wills and estates. Get legal advice.
How much does it cost?
There is a court fee for filing a divorce application. You have to pay the fee unless you are on a pension or benefit, or have a Health Care Card. You can apply to not pay the fee if paying will cause financial hardship. Check the current filing fee with the court.
What happens at court?
The court order for divorce is granted in two steps.
- A divorce order is made if you meet all the requirements and the court is satisfied that proper arrangements are made for any children of the relationship. This is a short-term order that ends the marriage. It does not give you a divorce completely.
- The divorce order usually becomes final one month and one day after it is made, unless the court is presented with a good reason for not granting the divorce within that time. The date the divorce order becomes final is the actual date of divorce.
In exceptional cases the court can order a shorter waiting period between the two steps.
A copy of the divorce order is sent to you by post. You should keep it in a safe place as it is your proof of divorce.
When can I remarry?
You cannot remarry until your divorce order becomes final. Be careful not to set your wedding date too close to the expected date of your divorce order becoming final. If there is a delay, you will not be able to go ahead with your wedding until the problem is sorted out and the divorce is granted.