How to apply for a divorce
- Before you apply
Find out the basic requirements for getting a divorce in Ireland.
- Fill in and submit your divorce application
See what forms and documents are required and how to fill them in.
- Serve the application to your spouse
How to lodge your documents with the court office.
- Respondent (Spouse) replies
If you’ve received divorce papers, learn how to reply.
- Get your court date and attend the hearing
What to expect at your hearing, and what you should bring.
- Get the court’s decision
What happens when the divorce is granted, and what to do next.
Check if you meet the legal requirements
You can apply for a divorce in Ireland if:
- You and your spouse have lived apart for at least 2 of the last 3 years
- At least one of you lives in Ireland or has lived here recently
- There is no chance of reconciliation
- Proper arrangements have been made or will be made for any dependent children
You do not need to be legally separated before applying.
Check if you're eligible
If you're unsure whether you meet the requirements, use our quick tool:
Check if you can get a divorce
Consider legal advice and mediation
Divorce can affect important parts of your life — including your home, finances, pensions, and arrangements for your children. You may want to consider mediation or other legal supports.
Submit your divorce application
To begin divorce proceedings, the applicant will need to complete the necessary paperwork to make the initial application and submit it to the court office.
The application has to be made in a Circuit Court office located where either spouse works or lives. For example: if the applicant and respondent both live in Meath but work in Dublin, the application can be made in either the Meath or Dublin Circuit Court.
Complete the application
To create the initial application for divorce, the applicant will need to complete:
- A civil bill – the application form for the court (Form 2N)
- An affidavit of means – a statement setting out the applicant's financial circumstances (Form 37A)
- An affidavit of welfare – a statement relating to the welfare of any dependent children of the marriage (Form 37B)
- A mediation declaration – a document stating the applicant has been advised about mediation. It must be signed and submitted by their solicitor if they have one. 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 (not their own solicitor) or a Commissioner for Oaths, and swear that the information given is correct.
More information on making a divorce application
Submit the application
The applicant can now submit three copies of the documents to the appropriate court office. This can be done by post or by attending in person. Documents cannot currently be submitted by email. For more information about court office locations and contact details, visit the Find a Court Office page.
If the application documents are approved, the court office will issue the civil bill. This will have an official embossed seal, record number and a date stamp. The court office will return the original civil bill and a copy of any affidavits to the applicant.
Send the divorce papers to your spouse
The applicant keeps the original civil bill and a copy of the affidavits for their records. They must send a copy of the civil bill and all affidavits to the respondent. Photocopies are acceptable. Alternatively, the applicant’s legal representative can send them. This process is called serving.
The documents can be served by registered post or in person. They can also be sent to the respondent’s solicitor, if the solicitor agrees to accept them on their behalf.
If the applicant does not have contact details for the respondent, they will need to ask the court for further instruction.
Proof of service
The court will ask for evidence that the respondent received the documents. This is called an affidavit of service. The applicant must sign this in front of a solicitor (not their own solicitor) or a Commissioner for Oaths, swearing that the information is correct.
In most cases, the respondent has ten days to reply.
If the applicant is asking the court to make a decision about a pension, they must also serve a notice to the trustees of the pension scheme.
More information on how to serve documents and provide proof of service
Once you’ve served the divorce papers, the next step depends on how your spouse (the respondent) chooses to reply. They can either:
- Consent – agree to the divorce and the terms set out in the Civil Bill, or
- Contest – disagree with some or all of the terms and submit a Defence
If your spouse consents
If the respondent agrees to the divorce terms, they will confirm this in writing. This is known as a consent case. It usually means the divorce can proceed more quickly and with less court time.
The respondent must still submit specific documents, such as financial and welfare affidavits. These help the court assess the case fairly.
If your spouse contests
If the respondent disagrees with the terms, they will file a Defence and possibly a Counterclaim. This turns the case into a contested divorce. The court may need to hold a full hearing to decide the outcome.
If your spouse does not respond
If no response is received within the required time (usually 10 days), you can still apply to the court to proceed without their input. This is known as an undefended divorce.
What to do next
The court office will notify you of any reply received from the respondent. You will need to prepare accordingly.
Get your court date and attend the hearing
Get your court date
At this stage, these are the most common scenarios that might apply:
Documents have been exchanged – applicant and respondent agree
If both parties agree on the terms of divorce, they should make and sign a written agreement. This is often called a Terms of Agreement document, and may also be referred to as Terms of Consent or Terms of Settlement. A judge will consider this written agreement when making any 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 motions
At any stage before the judge’s hearing, there may be additional steps or actions to complete. Sometimes, the case will be reviewed by the County Registrar before going to the judge. County Registrars are legally qualified court officers with administrative functions in the Circuit Court. Each county may have its own review process. Contact your court office for more information.
Applicant and respondent contest (disagree)
If one party disagrees with the terms of divorce, the matter may be reviewed by the County Registrar in a Case Progression hearing. This hearing aims to identify and resolve issues before going to court. The County Registrar will establish any steps needed to prepare the case for hearing by a judge. This can include identifying disputed issues and ensuring all paperwork is correct.
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
Attend the hearing
On the date of the hearing, the case will be heard by a judge. The judge may ask the applicant (and sometimes the respondent) to give evidence about the case.
Any terms of agreement submitted will be considered by the judge as part of any orders they make.
If the applicant and respondent are not in agreement, the judge will decide for them and make the necessary orders.
After your hearing, the judge will decide whether to grant the divorce. This is called a Decree of Divorce. It is the formal court order that legally ends your marriage.
If your divorce is granted
You will receive a copy of the Decree of Divorce. This is an important legal document — keep it in a safe place. It confirms that:
- Your marriage has officially ended
- You are legally free to remarry
- Any financial or custody orders made by the court are now in effect
If the court made decisions about children, maintenance, pensions or the family home, those orders will also be included and must be followed.
Updating your records
You do not need to notify the civil registration service (Births, Deaths and Marriages) — your original marriage certificate remains on record, but the Decree of Divorce is proof that the marriage has ended.
You may need to show your divorce decree when:
- Applying for a passport or social welfare
- Getting remarried
- Changing your legal name (if applicable)
What if the divorce is not granted?
If the court does not grant the divorce, it will explain why. This usually means one of the legal requirements wasn’t met — for example, not enough time living apart or missing information.
The court may let you fix the issue and reapply, or may suggest applying for a legal separation instead.
Appealing the decision
If you disagree with the court’s decision, you may be able to appeal. This must usually be done within 10 days of the order being made. It’s recommended to get legal advice before making an appeal.
Support after divorce
Going through a divorce can be difficult, even after it is final. If you need emotional or legal support, there are free and low-cost services that can help.
