Applying to the High Court for a divorce

Step 1 of 7: Confirm the High Court is the right court to apply for divorce

To apply to the High Court for divorce, there must be assets of more than €3 million. The other conditions for divorce must also apply:

• You must live apart for two of the previous three years.
• There must be no prospect of reconciliation.
• Arrangements must be made to look after your spouse and children.

Applications to the High Court for divorce must be made by a solicitor.

Step 2 of 7: Prepare the initial summons

Divorce proceedings in the High Court are commenced by a Family Law Summons.

Step 3 of 7: Prepare the affidavits

• A verifying affidavit must be sworn by the applicant and filed with the summons. This contains the details of the marriage. The affidavit of verification is set out in HC51.
• An Affidavit of Means. This is a statement setting out the applicant's financial circumstances (Form 37A).
• An Affidavit of Welfare. This is a statement relating to the welfare of any dependent children of the marriage (Form 37B).
• A document stating they have been advised about mediation. This must be signed and submitted by their solicitor if they have hired one to represent them. If they are representing themselves, they do not have to submit this document (Form 37D).

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

Step 4 of 7: File documents in the High Court

The initial summons and the affidavits are sealed and sent to the Central Office of the High Court.

Once filed, the documents are sealed and issued by the court.

More information about the High Court

Step 5 of 7: Serve the spouse

The respondent must be formally served with:

• The issued Family Law Summons.
• The verifying affidavit and exhibits.
• Affidavit(s) of Means and Welfare (where applicable).

Proof of service will be needed.

Step 6 of 7: Spouse responds

The respondent typically:

• Enters a Memorandum of Appearance.
• Files a replying affidavit.
• Files their own Affidavit of Means (Form 37A).
• Files an Affidavit of Welfare (Form 37B), if children are involved.

Reference (High Court forms): https://www.courts.ie/forms/high-court-forms

Step 7 of 7: Hearing takes place

At the hearing (or by consent where appropriate), the High Court considers:

• Whether the statutory requirements for divorce are satisfied.
• Whether proper provision has been made.
• What ancillary orders should be granted.

Orders may include:

• Decree of divorce.
• Maintenance orders.
• Property adjustment orders.
• Pension adjustment orders.
• Orders relating to children.