How Divorce Works in Ireland: Steps, Timeline and Costs to Expect

Divorce in the Republic of Ireland is granted by a court. There's no online divorce process like the one in England and Wales, and the court must be satisfied about the arrangements for both spouses and any children before it grants one.

Who can apply

• You must have lived apart from your spouse for at least two of the previous three years when the case starts (Family Law Act 2019). You can have lived under the same roof and still be 'living apart' in some cases — a solicitor can advise.
• There must be no reasonable prospect of reconciliation.
• Proper provision must exist, or be made, for each spouse and any dependent children.
• One of you must live in Ireland (there are residence rules for the court to have jurisdiction).

Judicial separation: the other option

If you've been apart for less than two years, or don't want a divorce, you can ask for a judicial separation. It can be granted after one year of living apart, or on other grounds such as a marriage where a normal marital relationship hasn't existed for at least a year. The court can make the same kinds of orders about property, maintenance and children, but you stay legally married. Many couples instead sign a separation agreement without going to court.

Which court

Divorce and judicial separation are currently Circuit Court cases. Maintenance, guardianship, custody, access and safety or barring orders usually start in the District Court. Family cases are heard in private. Under the Family Courts Act 2024, specialist family court divisions start in phases from January 2027, and divorce applications will then also be possible in the District Court.

Mediation and legal advice

Before starting proceedings, your solicitor must discuss reconciliation, mediation and a negotiated agreement with you. The Legal Aid Board's Family Mediation Service is free. If you can't afford a solicitor, you can apply for means-tested civil legal aid at a Legal Aid Board law centre.

Costs

Your solicitor must give you a written notice of costs (under section 150 of the Legal Services Regulation Act 2015) setting out what they'll charge or how they'll calculate it. Agreed divorces cost far less than contested ones, so settling property, pensions and children's arrangements by agreement usually saves money.