How to apply for a divorce

Before you start

Most applications for divorce are made in the Circuit Court. In some situations where assets are valued over €3 million, an application can be made to the High Court. Divorce applications are not dealt with in the District Court.

The person who starts a divorce application is called the applicant. The other person is called the respondent.

The Courts Service does not charge either person a fee for making family law applications (which include divorce applications). You should discuss fees with your solicitor, legal representative, or mediator if you choose to use their services.

To make an application to the Circuit Court, there are a number of steps to take. The information provided below is for guidance only. Always check the relevant legislation and court rules to ensure your application is correct. You might want to get legal advice to better understand what's involved.

Choose how you will apply

You can apply either:

• online, through the Courts Portal (if you are applying to the Circuit Court)
• by submitting physical documents to a Circuit Court office

Consider legal advice and mediation

Family Law decisions can have an impact on things such as arrangements for your children, maintenance, the family home, money, assets and pensions.

You might want to get legal advice to better understand these impacts. You can decide to represent yourself in your family law matter. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:

• advising you of your legal rights
• outlining how you might reach agreement
• preparing and filing your paperwork
• speaking on your behalf in court

If you decide to represent yourself, you will also need to understand court procedures.

Mediation helps to resolve any disputes you may have regarding arrangements for your children, maintenance, the family home, money, assets and pensions. It is a confidential service. All mediators are neutral.

Mediation is not there to help couples reconcile. It is there to encourage you to cooperate and work out mutually acceptable arrangements. During mediation, you can meet with the mediator together or separately.

On average, mediation takes between three and six one-hour sessions.

If you have children, your mediator can ensure that the voice of the child is heard during the mediation process.

Your mediated agreement can be changed or amended as needed. You will need to go to court to do this if, for example, your mediated agreement forms part of a court order.

Find out more about mediation and legal help >

Make your application

Your application is usually made in the Circuit Court office where either spouse lives or works.

Option A: apply through the Courts Portal

If you file through the Courts Portal, you will be prompted to download, complete and upload the documents you need as you work through the online application.

You can also download the form templates in advance in order to prepare your documents.

Forms you normally need for when applying online

• Divorce Civil Bill (Form 2N)
• Statement of Truth of Means (Form 37A)
• Statement of Truth of Welfare (Form 37B)
• Mediation declaration (usually completed by your solicitor if you have one) (Form 37D)

Visit Courts Portal forms for a full list of online form templates.

All online form templates that you complete and upload in the portal must be signed electronically in the portal. You will be guided through the signing process.

Option B: apply using paper forms

If you are applying by paper, you complete the required forms and submit three copies to the appropriate Circuit Court office (by post or in person). Documents cannot currently be submitted by email.

Forms you normally need for a paper application

• Divorce Civil Bill (Form 2N)
• Affidavit of Means (Form 37A)
• Affidavit of Welfare (if there are dependent children) (Form 37B)
• Mediation declaration (usually completed by your solicitor if you have one) (Form 37D)

Swearing affidavits

For paper applications, affidavits must be sworn and signed in person before an independent practising solicitor (not your own solicitor) or a Commissioner for Oaths. There may be a fee.

More information on making a divorce application

Divorce Civil Bill

This is the main application document for divorce. Information you will need to include:

• Date and place of your marriage.
• How long you have been living apart.
• Names, dates of birth and ages of any dependent children.
• Details of any previous court orders or separation agreements.
• Details of the family home(s) or other residences of both spouses, including any former family home.
• Occupation of each spouse.
• The orders you want the court to make and the relevant section of the Divorce Act.
• The address where the respondent can apply for information about legal aid.

This list is not exhaustive. Always check the Circuit Court Rules.

Affidavit or Statement of Truth of Means

This statement sets out your financial circumstances. Your spouse will complete a separate statement.

Use an Affidavit for paper applications and a Statement of Truth for online applications.

Information you will need to include:

• Assets (for example property, cars, shares, land).
• Income (for example salary, rental income, dividends).
• Expenditure (for example accommodation, education, groceries, utilities, healthcare, transport, insurance).
• Debts or liabilities (for example loans, mortgages).
• Pension entitlements.

This list is not exhaustive. Always check the Circuit Court rules.

Affidavit or Statement of Truth of Welfare

Use an Affidavit for paper applications and a Statement of Truth for online applications.

Complete this if there are dependent children of the marriage. A child is dependent if they:

• are under 18; or
• are 18–22 and in full-time education; or
• have a disability that prevents them from fully maintaining themselves.

Information you will need to include:

• Children’s names and dates of birth.
• Where they live and a description of the accommodation.
• Education details.
• Childcare arrangements.
• Maintenance payments.
• Contact arrangements with each parent.
• Health of the children and the parents.

Marriage certificate

You will need to provide an official state marriage certificate. For online applications you can upload a scan and keep the original – you will need to bring this with you whenever you attend court.

If the marriage certificate is not in English or Irish, provide a translation prepared by a qualified translator. You will also need to provide an affidavit (paper applications) or statement of truth (if you’re applying online) from the translator verifying the translation.

After you submit

If the documents are accepted, the court office will issue the Civil Bill (with an official seal, record number and date stamp). The issued documents will either be sent to you by post (along with the submitted copies) if you submitted a paper application or if you applied online, you will be notified when they are available to view and download in the portal.

Find your court office >

Serve the application on your spouse

Applicant serves the documents

After the Civil Bill is issued by the court office, you must provide the respondent with the issued documents and supporting documents. This is called serving the documents.

The documents can be served on the respondent directly or on the respondent’s solicitor if they agree to accept service.

If the applicant does not have any contact details for the respondent, they will need to ask the court for further instruction.

If the applicant is asking the court to make a decision about a pension, in addition to serving the Civil Bill and supporting documents on the respondent, they must also serve a notice to the trustees of the pension scheme.

Option A: Serve through the Courts Portal (digital service)

If the documents you are serving were filed in the Courts Portal, you can serve them digitally through the portal.

You will need an email address and phone number for the person you wish to serve.

The portal notifies you when documents have been accessed.

If documents are not accessed within 72 hours, you will also be notified as you may need to consider traditional service at this stage (for example registered post or personal service).

Learn more about digital service.

Option B: Serve using traditional methods

If the party you’re serving lives in Ireland, you can serve them by:

• Registered post using the respondent’s last known address or work address; or
• Personal service – the documents are handed to the respondent in person

You can use these methods regardless of how the documents were filed (submitted to the court office or filed in the Courts Portal).

For documents filed in the Courts Portal, we recommend that you use the ‘Print for physical service’ option in the Courts Portal to download the issued documents for printing and serving physically. This ensures the served party can file their response online if they wish.

Whether you serve using option A or B, in most circumstances the respondent has 10 days to respond.

Proof of service

You must provide proof to the court that the documents were served on the respondent.

Option A: Proof of digital service

You must file a Statement of Truth of Service in the Courts Portal. You can download the form template here or in the portal.

After you upload the completed form in the portal, an additional document containing a record of digital service will be automatically generated in the portal and included with your Statement of Truth of Service when you submit it.

Option B: Proof of service using traditional methods

If the documents were filed digitally in the Courts Portal but served using traditional methods, you can still file a Statement of Truth of Service in the portal to show proof of service. You can download the required form template here or in the portal.

If service was by registered post, you will need to upload a copy of the certificate of postage as a supporting document to your Statement of Truth before you submit it.

If the documents were filed physically, the following guidance explains what you will need in order to show proof of service:

Documents served by registered post

Affidavit of Service: Using this process, the affidavit must set out the date of service, the documents that were served, and the method of service. The certificate of postage should be attached to the affidavit. The affidavit must then be filed in the court office. If the documents are not returned undelivered to you within 10 days, you can now swear an affidavit of service. In other words, you can swear that the documents have been served on the other party based on the postal company's tracking and tracing system.

Or

Declaration of Service: Alternatively, if the documents are not returned undelivered to you by An Post within 10 days, you can fill out Form 1B. With this you can declare to an authorised person that the documents have been served. The certificate of postage should be attached to the statutory declaration. The statutory declaration must then be filed in the court office.

Documents served by personal service

Affidavit of Service: If the documents have been served by personal service, the person who served the documents must swear an Affidavit of Service. The affidavit must set out the date of service, the documents which were served, and the method of service. The affidavit must then be filed in the court office.

Or

Declaration of Service: If the documents have been served by personal service, the person who served the documents must fill out Form 1C and declare to an authorised person that the documents have been served. The statutory declaration must then be filed in the court office.

Respondent replies

Once the respondent has received the divorce documents, they can consent (agree) with the terms of the divorce as set out in the Civil Bill. They can also contest (disagree) with the terms. Whatever decision the respondent makes, they must enter an appearance with the court office. This indicates that they intend to reply to the Civil Bill.

In most circumstances the respondent has 10 days to enter an appearance. The length of time they have to do this is written on the Civil Bill.

If the respondent decides not to reply to the Civil Bill the applicant can still ask the court to proceed with the divorce.

How to enter an appearance

Option A: Enter an appearance in the Courts Portal

If the Civil Bill was filed digitally in the Courts Portal and the respondent either received a digital service email or cover sheet for physical service, they can sign up (if they don’t already have an account) or sign in to the portal and file their appearance online.

They will need to download and complete the Entry of Appearance (Form 5) template.

The completed form can be uploaded, electronically signed and submitted in the portal.

Option B: Enter an appearance on paper

If the Civil Bill was filed on paper, the respondent must file their entry of appearance on paper also.

If the Civil Bill was filed digitally, the respondent may choose to file an entry of appearance online (see Option A) or on paper.

The respondent will need to complete a Form 5B - Entry of Appearance.

Respondent consents (agrees)

If the respondent agrees to the terms of divorce as set out in the Civil Bill, they can send a letter to the applicant stating that they agree. This is called a consent case.

If both applicant and respondent agree about the terms of the divorce, it usually means the process is quicker and simpler. Even if both parties do not agree initially, they can change their minds and reach an agreement at any stage in the process.

Any agreement about the terms of the divorce will be considered by a judge as part of a court order. The judge might ask for additional information or updated documents to be provided before making a final decision.

More information on getting help to reach an agreement >

If consenting to the divorce, the respondent will also need to complete and submit some additional documents:

• An Affidavit or Statement of Truth of Means. This is a statement setting out the respondent's financial circumstances.
• An Affidavit or Statement of Truth of Welfare. This is a statement relating to the welfare of any dependent children of the marriage.

Option A: If the respondent chooses to file online

The following form templates will need to be completed, uploaded, signed and submitted in the Courts Portal:

• Statement of Truth of Means (Form 37A)
• Statement of Truth of Welfare (Form 37B)

The respondent can only choose to file online if the Civil Bill was filed online.

Option B: If the respondent chooses to file on paper

They must complete and submit the following paper forms:

• Affidavit of Means (Form 37A)
• An Affidavit of Welfare (Form 37B)

The respondent must sign all affidavits listed above in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct before filing it with the court office and serving it on the other party.

Respondent contests (disagrees)

If the respondent does not agree to the terms of divorce, this is called a contested case. To contest the divorce, the respondent will need to complete:

• A Defence document. This disputes any terms in the Civil Bill and sets out what the respondent claims to be entitled to.
• An Affidavit or Statement of Truth of Means. This is a statement setting out the respondent's financial circumstances.
• An Affidavit or Statement of Truth of Welfare. This is a statement relating to the welfare of any dependent children of the marriage.

Option A: If the respondent chooses to file online

The following form templates will need to be completed, uploaded, signed and submitted in the Courts Portal:

• A Defence document (Form 6A - Defence). Use the Defence and Counterclaim form template if you wish to request the court to make additional orders (Form 6A – Defence and counterclaim).
• Statement of Truth of Means (Form 37A)
• Statement of Truth of Welfare (Form 37B)

The respondent can only choose to file online if the Civil Bill was filed online.

Option B: If the respondent chooses to file on paper

They must complete and submit the following paper forms:

• A Defence document (Form 6A)
• An Affidavit of Means (Form 37A)
• An Affidavit of Welfare (Form 37B)

The respondent must sign all affidavits listed above in person in front of a solicitor (but not their own solicitor) or Commissioner for Oaths and swear that the information given is correct.

More information on completing a Defence >

Proof of service

The court will ask for proof that the respondent has sent all relevant documents to the applicant. This means the respondent must complete and submit either a Statement of Truth of service, if filing online, or an Affidavit of Service, if filing on paper.

If the respondent is asking the court to make a decision about a pension, they must serve a notice to the trustees of the pension scheme.

More information on how to serve documents and proof of service >

What does it mean to 'enter an appearance'?

When you enter an appearance, it means the applicant and the court know that you are responding to the Civil Bill. The entry of appearance will say whether you have a solicitor or wish to represent yourself at this stage, and where to send documents.

If you do not enter an appearance, the judge may make decisions about your case without your response.

Here are the three steps to follow:

1. Complete Form 5 - Entry of Appearance

   You will need to complete the appropriate form depending on whether you apply online in the Courts Portal (Entry of Appearance - online) or on paper (Form 5 - Entry of Appearance). You usually have 10 days to submit the form to the court office. The length of time you have to do this is written on the Civil Bill.

   Please note there are two sections of the form to be completed: (i) directed to the County Registrar and (ii) directed to the applicant (or their solicitor).

2. Submit the completed Entry of Appearance form

   When filing on paper, you will need to give three copies of this form to the court office to be date-stamped.

   The court office will check to see that you are submitting this form within the time limit stated on the Civil Bill.

   If you are late completing your entry of appearance form, you can ask the applicant or their solicitor for extra time. If they agree, they should write a letter to you saying how much extra time you have. You should submit this letter with your completed entry of appearance form.

   If they do not agree to extra time, you can ask a court to make a decision on this.

   If the entry of appearance form is accepted, the portal will send you a notification or, if you filed on paper, the court office will return two date-stamped copies to you. You will keep one copy and you will need to send the other copy to the applicant or their solicitor.

3. Serve the entry of appearance

   The Civil Bill will have the address to which you are to send any documents about the case to the applicant.

   You will need to send a copy of your entry of appearance to your spouse.

   You will need proof of sending the document to the correct address.

   For more information on serving documents >

Defence and Counterclaim

To contest a divorce you will need to complete a Defence form. You will also need to complete an Affidavit or Statement of Truth of Means form. If there are dependent children you will also need to complete an Affidavit or Statement of Truth of Welfare form.

Use Affidavits for paper applications and a Statements of Truth for online applications.

The information that you need to include is set out in Circuit Court rules. You might want to get legal advice to better understand what's involved.

Defence

In completing your defence, you may want to respond to or dispute any of the claims in the Civil Bill. You may also wish to add additional requests for orders you want the court to make and the section(s) of the Divorce Act that allows the court to make these orders. This is called a counterclaim.

Affidavit or Statement of Truth of Means

This is a statement setting out your own financial circumstances. Your spouse will set out a separate financial statement.

Use an Affidavit for paper applications and a Statement of Truth for online applications.

The information you will need to include in this document includes:

• Your assets, such as property, cars, the family home, shares and land.
• Your income, including your wage or salary, rental income and share dividends.
• Your expenditure on accommodation, education, groceries, utilities, healthcare, dental, motor, public transport, entertainment and insurance.
• Debts and/or liabilities, such as loan repayments and mortgages.
• Pension entitlements.

This is not an exhaustive list, so you should always refer to the Circuit Court rules.

Swearing your affidavit

You must take the completed affidavit, any exhibits (supporting documents) and proof of your identity to a Commissioner for Oaths or a solicitor (but not your own solicitor). There may be a charge for this service so make sure to ask in advance.

A Commissioner for Oaths or solicitor will ask you to take an oath or affirmation before signing the affidavit. You cannot make any changes to the affidavit once it has been sworn and signed.

This does not apply to Statements of Truth as they are not sworn documents.

Affidavit or Statement of Truth of Welfare

This is a statement about the dependent children of the marriage. If there are no dependent children, you can skip this step.

A child is considered dependent if they:

• are under the age of 18
• are over the age of 18 but under the age of 23 and in full-time education
• have a mental or physical disability where it is not possible for them to fully maintain themselves

Use an Affidavit for paper applications and a Statement of Truth for online applications.

The type of information you will need to include is as follows:

• The names and dates of birth of any children.
• Details about where the children are living and a description of the accommodation.
• Details about the children’s education.
• Details about the children's childcare arrangements.
• Details about any maintenance payments being made.
• Details of contact with the children.
• Details of the health of the children and the parents.

Get a date for the court hearing

At this stage, one of these common scenarios will usually apply:

• Documents have been exchanged and the applicant and respondent agree.
• Documents have been exchanged and the applicant and respondent do not agree.
• No formal response has been received from the respondent.

Applicant and respondent consent (agree)

If both parties agree on the terms of the divorce, they should make and sign a written agreement. This is often called a terms of agreement document. It may also be referred to as terms of consent or terms of settlement. A judge will consider this agreement when making court orders.

To proceed with the divorce, either person (but usually the applicant) will need to file a notice of motion with the court office for an order on agreed terms.

More information on notices of motion >

Before the judge’s hearing, there may be additional steps to complete. In some cases, the County Registrar will review the case before it goes to the judge. County Registrars are legally qualified court officers with administrative functions in the Circuit Court. Review processes can vary by county, so contact your court office for details.

Applicant and respondent contest (disagree)

If one party disagrees with the terms of the divorce, the case may be reviewed by the County Registrar at a case progression hearing. This aims to identify and resolve issues before the case goes to court. The County Registrar may set steps to prepare the case for hearing by a judge, including identifying what is in dispute and checking that paperwork is in order.

More information on case progression >

No response

If the respondent does not enter an appearance, file a defence, or provide proof of agreement, the applicant can ask the court to proceed with the divorce.

More information where there is no response >

Notice of motion

A notice of motion is a written application to the court. It is used to ask a County Registrar or a judge for directions or decisions relating to a case. It can include matters such as:

• serving documents
• requesting extra time to respond
• arranging court hearings
• requesting orders

Here are the steps to follow:

1. Complete the notice of motion

In your notice, you will need to state what you are asking the court to decide or give directions on. If you have a solicitor, they will do this for you.

Supporting documentation

You need to provide a supporting document called a grounding statement of truth (for online applications) or a grounding affidavit (for paper applications). This sets out the facts and the relevant documents the court should consider.

Option A: Apply online in the Courts Portal

Download, complete and upload the following form templates:

• Notice of motion (Form 2N)
• Grounding statement of truth (Form 37A)

Visit Courts Portal forms for a full list of online form templates.

All online form templates that you complete and upload in the portal must be signed electronically in the portal. You will be guided through the signing process.

Option B: Apply using paper forms

Complete the notice of motion and grounding affidavit. You must swear the facts in the affidavit to be true. This must be done in person with a solicitor (but not your own solicitor) or a Commissioner for Oaths. The grounding affidavit is submitted with the notice of motion.

2. Submit the notice of motion with supporting documents

If the documents are in order, the notice of motion will be listed for court.

If you file online, you will be notified in the portal when your filing is accepted by the court office and a court date has been allocated. The documents will be stamped digitally to show the court date details.

For paper applications, the process for allocating a notice of motion court date varies by location. Contact your local court office to confirm their process before you serve the other party.

Contact details for all court offices >

3. Serve the documents and file proof of service

You must serve a copy of the notice of motion and grounding affidavit or statement of truth on the other party. Keep a copy of all documents for your own records. After serving, you must file proof of service.

More information on how to serve documents and proof of service >

Case progression

Case progression is the management of a case by a County Registrar before it goes to a full hearing before a judge.

A County Registrar is an officer of the court who can make certain decisions in relation to a case.

The aim is to confirm that all necessary steps have been taken before a case is heard by a judge. This can help make the hearing process quicker.

How does case progression work?

Whether case progression is used will depend on the circumstances of your case. If your case requires a case progression hearing, the Courts Service will serve both parties with:

• Case progression summons — tells you the date and time you (or your solicitor) must attend the County Registrar’s hearing, and what you need to do beforehand.
• Case progression questionnaire — helps identify what the applicant and respondent agree or disagree on, and what needs to happen before a judge can hear the case.

After you receive the questionnaire, you must:

1. Fill it out.
2. Serve a copy on the other party.
3. File it in the court office, or online (if the summons and questionnaire were delivered through the Courts Portal), at least seven days before the hearing date.

Attend a case progression hearing

Both the applicant and respondent (and/or their solicitors) will attend this hearing and discuss the case with the County Registrar. The County Registrar can then make directions or orders to ensure the case is properly prepared before it goes for hearing before a judge.

In cases where the original application was made online, the applicant or their solicitor must bring the original marriage certificate when attending court.

More information on how to prepare for attending court >

No response

After you serve the Civil Bill, you must provide proof of service to the court.

The respondent has a time limit to reply to the Civil Bill. This time limit is stated on the Civil Bill. If you are serving the Civil Bill abroad, or if the County Registrar or judge has given specific instructions about timelines, you must follow those directions.

When the respondent lets the applicant and court know that they are responding to the Civil Bill, this is known as entering an appearance.

If the respondent does not reply, or only partly replies, there are two options:

1. No appearance entered

   If the respondent has not entered an appearance within the time limit, you must send a reminder called a 14-day warning letter. This tells the respondent they have a further 14 days to enter an appearance. If they do not respond within that time, you can ask the judge to proceed and make a decision in default of appearance.

   Keep a copy of this letter and proof of service for the court.

   The respondent may ask for extra time to enter an appearance. If you agree, send a letter confirming how much extra time is allowed (often an extra week or two). Submit this letter with any related filings where required.

   If the respondent still does not respond within the 14-day period (or any extra time agreed), you can proceed by filing a notice of motion seeking a decision in default of appearance. You will also need a grounding affidavit or statement of truth to support the notice of motion, setting out the relevant facts and documents.

   More information on notice of motion and supporting documents >

2. Appearance entered but no defence filed

   If the respondent entered an appearance but has not filed a defence within the time limits, you must send a reminder called a 14-day warning letter. This tells the respondent they have a further 14 days to file their defence. If they do not respond within that time, you can ask the judge to proceed and make a decision in default of defence.

   Keep a copy of the letter and proof of service for the court.

   The respondent may ask for extra time to file their defence. If you agree, send a letter confirming the extra time allowed (often an extra week or two).

   If the respondent still does not respond within the 14-day period (or any extra time agreed), you can proceed by filing a notice of motion seeking a decision in default of defence. You will also need a grounding affidavit or statement of truth to support the notice, setting out the relevant facts and documents.

   More information on notice of motion and supporting documents >

Attend court and receive the order

At the hearing, the judge considers the application and any responses. If the divorce is granted, the court office will finalise the court order and issue it to the parties (or their solicitors) when it is ready.

If your case is in the Courts Portal, the order will be available to view there.

If you do not receive the court order within four weeks, contact the court office. Sometimes documents, such as typed terms of agreement, need to be given to the court office before the court order can be completed and sent.

Appealing a court order

You have the right to appeal if you are not happy with the judge’s decision. If you wish to appeal the decision, you must file your appeal documents within 10 days of the court hearing.

Find out how to appeal a court decision >