STEP 1: The divorce application
Divorce proceedings start when you apply for divorce at a family court. You must first decide whether it will be a sole application or a joint one, which must be by agreement with your spouse/partner. The court will then allocate a court reference to the application, which is then classed as issued.
The person who submits the application is known as the applicant. You must enclose a copy of the original marriage certificate. If you’ve lost this document, you can request a copy from the Register of Births and Deaths.
STEP 2: Acknowledgement
In the case of a sole application, the court waits for the other person in the marriage, called the respondent, to reply. This is carried out by filling out and returning a form called the Acknowledgement of Service. When the court receives it, the matter can proceed. This can also be done online to save time.
If you’ve been married for less than a year, it is possible to commence judicial separation or annul your marriage (in limit circumstances). You should bear in mind that judicial separation proceedings will not terminate the marriage and you would not be free to re-marry.
STEP 3: 20-week wait period
Once the divorce application is issued, there is a 20-week period before the applicant(s) can apply for a conditional order, which is the first official stage of the divorce. This is meant to be a period of reflection for both parties to consider:
