Divorce is often a challenging process, but for couples who have agreed on most terms and are eager to end their marriage completely, seeking a quick divorce in Ireland is the next step. Essentially, finding a smoother, more efficient path towards terminating the marriage can help significantly reduce stress and legal fees.
This article outlines how to get a quick divorce and highlights the essential steps involved, from mediation to selecting the right legal support. While a quick resolution is possible, it’s important to avoid cutting corners; rather, a well-prepared, collaborative approach often leads to a faster, more amicable divorce.
Understanding uncontested vs contested divorce
The time it takes to finalise a divorce largely depends on whether it is contested or uncontested. An uncontested divorce, where both parties agree on major issues such as finances, property division, and childcare arrangements, is typically far quicker than a contested divorce, which requires more time, legal intervention, and, often, courtroom involvement.
If a couple can reach a mutual agreement on these critical areas before entering the legal process, it can significantly reduce the duration and complexity of divorce proceedings. This is why mediation and early discussions are highly recommended for those seeking a quicker route to legal separation, which can then progress to the divorce process.
Key steps to a quick divorce in Ireland
To set the groundwork for a speedy and efficient divorce, there are several practical steps that both parties in the marriage should consider:
1. Prioritise open communication and mediation
One of the most effective ways to expedite a divorce is through mediation. Mediation provides a neutral ground for both parties to discuss their issues with the guidance of a professional mediator. This process allows couples to resolve disputes outside of court, saving both time and money. Unlike a courtroom setting, mediation encourages collaboration and compromise, which can often lead to faster agreements.
By agreeing on terms through mediation, couples can transform a potentially lengthy process into a shorter, more manageable one.
2. Ensure full agreement on financial and custodial matters
When settling out differences during a marriage breakdown, two areas cause the most friction – children and money. Settling all financial and child custody matters in advance is essential, not only for the well-being of the children, but it is also vital for those seeking an uncontested divorce. Financial agreements should cover property division, savings, debts, and spousal maintenance (if applicable). Additionally, if children are involved, both parties should have a clear and mutually acceptable arrangement for child custody and visitation rights.
Without these agreements in place, the divorce could shift from an uncontested to a contested status, significantly lengthening the process and causing extra stress for children and both spouses. Having all matters documented not only helps to streamline the procedure but also avoids unexpected delays.
3. Prepare and submit accurate documentation
Accurate and thorough documentation is critical. Once an agreement is reached, the next step is to prepare and file the necessary legal forms, including the application for divorce, affidavit of means (for financial disclosure), and affidavit of welfare (for child custody arrangements).
If any documents are incomplete or contain inaccuracies, it can lead to delays. This is where the services of a family law team are truly valuable, keeping a sharp eye on every document and detail of your case. An experienced solicitor or legal executive can ensure that all paperwork meets the court’s standards, minimising the chance of issues during submission.
4. Work with a solicitor experienced in family law
While it may be tempting to navigate divorce proceedings independently, consulting a family law solicitor can streamline the process. Family law is a unique field of law as it concerns whole family units rather than one individual. An experienced family law solicitor can:
- Offer an understanding of the complexities of Irish family law
- Provide invaluable guidance on how to avoid common pitfalls
- Assist clients in making clear decisions for the future without being influenced by the intense emotions at play
- Ensure that clients adhere to all legal requirements, thereby preventing delays and complications
5. Apply for an uncontested divorce
If both parties have settled on all terms and completed the necessary documentation, the next step is to file for an uncontested divorce. In Ireland, uncontested divorces are generally quicker, as they do not require a lengthy trial or hearing. Typically, the application will be processed and approved by the court without significant delays. However, the exact timeline can vary depending on the court’s schedule and indeed the jurisdiction.
Common mistakes when seeking a quick divorce
To ensure a smooth process, it is wise to avoid common mistakes that can extend the timeline of a divorce. Here are several to keep in mind:
- Inadequate preparation for mediation – Without a clear understanding of one’s goals, mediation may not be as effective, leading to prolonged discussions.
- Failure to fully disclose financial details – Concealing assets or failing to disclose all financial information can lead to disputes and delays. It’s essential to be open and honest, laying all your cards on the table, as this avoids any unnecessary upset and mistrust.
- Unrealistic expectations – As with any conflict, finding an amicable resolution in a divorce involves compromise. It’s important to maintain realistic expectations which can help avoid frustration and disagreements that lengthen proceedings.
- Overlooking legal counsel – Attempting to handle complex legal matters without professional legal guidance is a recipe for disaster. Not having a solicitor for guidance can lead to costly errors and further delays.
How long does a quick divorce in Ireland take?
For couples who have decided to end their marriage, it’s simply not possible to go straight for divorce. While a couple might be eager to cut ties as soon as possible, they must journey through the legal or judicial separation process first, and certain requirements must be met before applying for a separation. However, thanks to the Divorce Referendum in 2019, couples now have to be separated for two out of the three years before applying for a divorce. This is certainly a swifter process than was in place before, which required couples to have a separation period of four out of five years.
In general, an uncontested divorce in Ireland can take several months to a year from the initial application to completion, depending on court availability and the efficiency of preparation. While a completely uncontested divorce is relatively straightforward, unforeseen factors, such as incomplete documentation or scheduling conflicts, can add to the timeline. The guidance of an experienced family law solicitor increases the likelihood of a quicker process.
Simplifying the divorce process with Summit Law
The process of divorce is often life-changing and complex. Selecting a solicitor who is both experienced and empathetic can make all the difference. And at Summit Law, we believe in making the divorce process as smooth as possible for all our clients. Our family law and mediation services focus heavily on client satisfaction, confidentiality, and efficiency, aiming to achieve amicable and lasting solutions for families across the country.
If you are considering or preparing for a divorce and wish to navigate the process as smoothly as possible, contact us today to schedule a consultation.