How quickly can I get a Divorce?

| Lumi Panaite Fahey

How Quickly Can I Get a Divorce in Ireland? A Guide to Timelines and Requirements

The decision to end a marriage is rarely easy, and once that decision is made, most people naturally want to move forward with their lives as efficiently as possible. One of the most frequent questions our family law team at Sherwin O’Riordan solicitors receives is: “How quickly can I actually get a divorce?”

The answer involves a combination of mandatory legal waiting periods, the complexity of your financial assets, and the level of cooperation between you and your spouse.

 

1. The Mandatory Waiting Period: The “2-out-of-3” Rule on how quickly can I get a divorce in Ireland

The most significant factor in your timeline is the constitutional and statutory requirement regarding separation. Following the 2019 Divorce Referendum, the waiting period was reduced to make the process more contemporary.

To apply for a divorce in Ireland, you must have been living apart for at least two years out of the previous three years. It is important to note that “living apart” does not necessarily mean living in two different houses. If the marital relationship has ended but you remain under the same roof for financial or childcare reasons, this time can still count toward your two-year requirement, provided you are no longer living together as a committed couple.

 

2. The “Consent” vs. “Contested” Timeline

Once you meet the two-year separation criteria, the speed of the court process depends on whether the divorce is “by consent” or “contested.”

  • Divorce by Consent: If you and your spouse have already agreed on matters such as the division of assets, maintenance, and childcare arrangements (perhaps through a prior Separation Agreement or Mediation), the process is significantly faster.  In these cases, a decree of divorce can often be secured within 6 to 9 months depending on court availability.
  • Contested Divorce: If there are disputes regarding the family home, pensions, or custody, the case must proceed through “Case Progression” and eventually a full court hearing. A contested divorce typically takes between 12 and 24 months to reach a final decree.

 

3. Factors That Can Speed Up or Delay the Process

Several variables influence how quickly your file moves through the Circuit Court:

  • Financial Disclosure: Both parties must file an Affidavit of Means.  If one party is slow to provide bank statements, valuations, or payslips, the case cannot move forward.
  • Pensions: If a Pension Adjustment Order (PAO) is required, this adds a layer of administrative work involving pension trustees, which can add several weeks to the finalisation of the orders.
  • Mediation: Engaging in mediation early can turn a contested battle into a consent application, potentially saving you over a year of litigation.

 

4. Is There a “Quickie Divorce” in Ireland?

Unlike some other jurisdictions, Ireland does not have a “quickie divorce.” Because the Irish Constitution requires the court to ensure that “proper provision” has been made for both spouses and any dependent children, a judge must review every case personally.  Even if both parties agree on everything, you must still attend a brief court hearing to have the agreement ruled upon by a judge.

 

5. Why Professional Guidance Matters

While you are waiting to hit the two-year separation mark, you do not have to remain in legal limbo. Many clients choose to enter into a Separation Agreement immediately.  This document settles the “who gets what” early on, so that when the two-year mark arrives, the divorce application becomes a straightforward administrative matter.

Sherwin O’Riordan Solicitors focus on resolving family law matters with empathy and efficiency. Our goal is to help you navigate these timelines while ensuring your long-term financial and parental rights are fully protected.

 

Contact us today for more information on how quickly can you get a divorce in Ireland

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