Divorce paperwork checklist and organiser (Ireland)

The quick version

1. Keep every document in one binder, split into the sections below.
2. Write down every date and deadline the moment you get it.
3. Give each piece of evidence a reference and use it everywhere.
4. Number the pages and keep an up-to-date index at the front.

Documents to gather

Gather these before you see your solicitor or prepare your affidavits. Tick each one off and note where it is kept.

Dates and deadlines to track

• Date of marriage
• Date you began living apart
• Solicitor advice and mediation declaration
• Family Law Civil Bill issued (record no.)
• Served; appearance due (usually 10 days)
• Case progression or hearing date
• Divorce decree granted (order issued)
• Pension order served on trustees

Always use the exact dates in your court or tribunal letters and orders.

How to section your binder

What this binder is for

Case Ready is a document organisation and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce and separation in Ireland, following Courts Service and Citizens Information guidance on Circuit Court family law.

• Organise documents logically
• Keep materials in order
• Prepare for hearings and deadlines

What this binder is not

Case Ready:

• Does not provide legal advice
• Does not tell you what arguments to make
• Does not guarantee any outcome

If you need legal advice, speak to a solicitor, FLAC, Citizens Information or the Legal Aid Board.

How divorce works here

The Circuit Court grants one decree of divorce after a private hearing. You must have lived apart for at least 2 of the previous 3 years. The court must also see no reasonable prospect of reconciliation and proper provision for everyone.

• A solicitor must discuss reconciliation, mediation, a separation agreement and judicial separation, and declare it.
• Prepare the Family Law Civil Bill, Affidavit of Means, Affidavit of Welfare (for children) and marriage certificate.
• File at the Circuit Court office where either of you lives or works, or on the Courts Portal.
• On paper, file 3 copies of each document, in person or by post. Email is not accepted.
• Serve the respondent. They usually have 10 days to respond. Keep proof of service.
• Consent: sign the terms in writing, then file a notice of motion for an order on agreed terms.
• Contested: a case progression hearing follows. The questionnaire is due at least 7 days before it.

The court must still grant the divorce even where terms are agreed. If the order has not arrived within 4 weeks, contact the court office. Appeals are due within 10 days.

Residence and living apart

Fault is not considered. Evidence is given on oath to the judge. A prior judicial separation is not required.

• Either spouse must be domiciled in Ireland on the date of applying, or have lived in Ireland for the year before.
• You can live apart under one roof if you do not live together as an intimate and committed couple.
• A relationship can still be intimate if it is no longer sexual.
• Most divorces are heard in the Circuit Court. The High Court is rarely used. The District Court does not hear divorces.
• The District Court can hear custody, access and maintenance applications.

A Roman Catholic Church annulment has no legal effect. Most EU divorces are generally recognised here. For other foreign divorces, take advice.

The money side

Each of you files an Affidavit of Means, called a Statement of Truth of Means on the Courts Portal. It sets out assets, income, debts, spending and pensions, and is vouched with documents.

• It has five parts: assets, weekly income, debts and liabilities, weekly personal spending, and pension scheme details.
• Use the same frequency, weekly or monthly, for income and spending.
• Vouch it with bank, credit union and savings statements, payslips and utility bills.
• List pension schemes from every employment. Write none if you have none.
• A pension adjustment order makes trustees pay part of a member's pension to a former spouse or a dependant.
• To ask the court to decide on a pension, you must serve a notice on the pension scheme trustees.
• Courts can also order maintenance, property transfer or sale, the right to live in the family home and life insurance.

Remarrying ends your claims for maintenance, a share of the estate and property adjustment in your favour. Child maintenance continues.

Children: guardianship and care

Children's arrangements are decided in the same proceedings as the divorce, and the court's most important consideration is the child's welfare.

• Guardianship: married parents are joint guardians by default. Separation or divorce does not change that.
• Custody: the day-to-day care, residence and upbringing of a child under 18.
• Access: the child's right to direct contact with the other parent. People also say contact.
• The Affidavit of Welfare sets out your children's details. You file one and the respondent files one.
• The Circuit Court can make custody, access and maintenance orders as part of the divorce.
• In mediation, a child's voice can be heard.
• Keep a dated log of handovers, messages and missed access. The log in this pack is made for it.

A Parenting Plan is your own record of day-to-day routines. Check it matches your Affidavit of Welfare and any court order.

Children: maintenance and mediation

Maintenance is paid regularly or as a lump sum. For maintenance, dependent children are under 18, or under 23 if in full-time education.

• The Department of Justice published child maintenance guidelines in January 2026 and a calculator in February 2026.
• The calculator is not binding. It leaves out disability, childcare, education and medical costs, usually shared equally.
• Paying maintenance does not give the payer access or guardianship.
• Mediation is not compulsory, but an applicant's solicitor must raise it before proceedings.
• The Family Mediation Service is free and confidential. Each of you contacts it separately. Waiting lists are possible.
• Typical mediation is 3 to 6 one-hour sessions. The Mediators' Institute of Ireland can help you find a mediator.
• Mediation may be unsuitable where there has been domestic violence.

A mediated agreement is binding only once it is written down and signed. If it is part of a court order, changes need the court.

Terms used in this organiser

Ireland has a single decree of divorce. Civil partners apply for a decree of dissolution.

• Applicant: the spouse who starts the case, even by consent. Respondent: the other spouse.
• Family Law Civil Bill: the document that starts a family law case in the Circuit Court.
• Affidavit of Means: your sworn statement of assets, income, debts, spending and pensions.
• Affidavit of Welfare: your sworn statement with your children's details.
• Pension adjustment order: a court order that pays part of a member's pension to a former spouse or dependant.
• Vouching: backing up a figure with a document such as a bank statement or payslip.
• Judicial separation: a court order that does not end the marriage. You do not need one before divorce.

Who this is for

This organiser is for people in Ireland dealing with divorce or separation. It keeps papers, dates, money and children's arrangements in one place. It is not legal advice.

• In an emergency, call 999 or 112. Women's Aid 24-hour helpline: 1800 341 900.
• New Circuit Court forms start on 23 November 2026. Always use the current forms from the Courts Service.
• Citizens Information: 0818 07 4000, Monday to Friday, 9am to 8pm.
• Legal Aid Board: 066 947 1000 or LoCall 0818 615 200. Legal aid involves a contribution, so ask what applies.
• FLAC gives free basic legal information on 01 906 1010. Phone advice appointments are by referral only.

If you or your children are at risk, contact the Gardaí and ask a solicitor about safety orders.

Hearings & practicalities

On the day of your hearing:

• Bring the copies you have been asked for
• Keep this binder with you
• Use it to find documents quickly

Judges, tribunal members and staff expect parties to be organised and to follow procedure.

Before your hearing

• Key Dates sheet up to date
• Original marriage certificate to hand
• Affidavit of Means finished, with vouching documents attached
• Spending record uses weekly or monthly throughout
• Pension details listed for every employment
• Notice to trustees served if you want a pension decision
• Affidavit of Welfare finished, with each child's details
• Parenting Plan and contact log up to date
• Maintenance records and calculator results kept
• Solicitor's mediation declaration and mediation letters filed