Republic of Ireland Law
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Hello, my name is Peter and I’ll do my best to assist you today.
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If she claims there has been violence in your relationship a mediator will sign a form to say that mediation is not appropriate and you apply to court for the court to decide the finances.
It won't cost any more to do this, in terms of court fees, but the process going through the court will take longer than if you had submitted an agreement following mediation.
Can I clarify anything for you?
OK. If she has applied to court you will receive papers from the court in good time, don't worry.
OK. Can you confirm - did, when you filed the acknowledgement, state that you agreed to the divorce on the grounds stated?
I know you did not defend it, how did you indicate that you did not agree with the reasons, and what proof/ statement did you offer in refuting the unreasonable behaviour allegations?
OK. I don't think you need to worry. The legal reason for the divorce will not affect child arrangements or financial proceedings.
You have been asked to pay the costs of the petition (£550) because you effectively did not defend the 'fault' petition - which cited your behaviour as the reason for the marriage breakdown. But this is as far as this goes. The financial proceedings are separate. I hope this reassures you?
Of course. Can you tell me what the assets you have between you are? If things are not complicated, you won't necessarily need a solicitor. Do you have pensions? Savings? Property? Children?
OK. In this instance, if you had a solicitor draw up a proposal for a settlement, and write to your wife, seeking agreement, this would potentially save time and stress. But if your wife is not minded to agree to a reasonable proposal, then you will have to go before a judge in any event.
A lot of the financial side of things is form filling, then setting out your position in writing to go before the judge.
I would suggest you engage the solicitor to make an offer to settle the finances, but only this. Don't instruct them to go back and forth and keep writing letters, this will only cost more. If no settlement is reached, then you should be able to complete all of the court paperwork your self and then just employ a barrister directly for the court hearings. This is the most cost efficient way of dealing with this. I hope this helps.
If you have further questions, you can always come back to me.
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I suggest you try www.clerksroom.com for a quote for a barrister. If you end up in court on your own it's not disastrous. The judge still has to hear from you both before making a decision. The point I should make is that for a final hearing it may be beneficlal to have a lawyer with you, particularly for cross-examination.