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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12306
Experience:  Barrister 17 years experience
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I'm looking for some advice about doing a DIY divorce,

Customer Question

Hi, I'm looking for some advice about doing a DIY divorce, thanks
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Hi There
No nothing filed yet. We separated in 1997 with no children and the house we jointly owned was sold at the time. 
I am now looking to buy a house so I decided to finally get a divorce and was going down the DIY route as I thought it would be very straight forward. However, I went looking for a copy of the marriage separation agreement that was signed in 1997 but my solicitor is no longer practising and the closed practices section of the law society can't locate a copy of the agreement. They said it is unlikely to be on file as it was so long ago. 
I'm now anxious about submitting the Affidavit of Means as part of the divorce process as I'm not sure if my ex is entitled to some of my savings and pension. I believe he may be homeless and unemployed. I would really appreciate some advice about my ex-husband's entitlement to my savings and if it's possible to proceed with the divorce process without a copy of the separation agreement   
Thanks
I am now looking to buy a house so I decided to finally get a divorce and was going down the DIY route as I thought it would be very straight forward. However, I went looking for a copy of the marriage separation agreement that was signed in 1997 but my solicitor is no longer practising and the closed practices section of the law society can't locate a copy of the agreement. They said it is unlikely to be on file as it was so long ago. 
I'm now anxious about submitting the Affidavit of Means as part of the divorce process as I'm not sure if my ex is entitled to some of my savings and pension. I believe he may be homeless and unemployed. I would really appreciate some advice about my ex-husband's entitlement to my savings and if it's possible to proceed with the divorce process without a copy of the separation agreement   
Thank
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Dublin and I know the location of the court in Dublin 7
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thats it thanks
Submitted: 14 days ago.
Category: Republic of Ireland Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 13 days ago.
Hi, I'm happy to wait for an answer, thanks
Expert:  Buachaill replied 13 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 13 days ago.

1. The first thing you need to realise is that your Separation Agreement was probably filed in court as part of the Legal Separation proceedings, as this would have been standard practice in 1997 when you separated. So, you should seek to search the Circuit Court files where the separation proceedings were entered for a copy of your Separation Agreement. The second point you need to be very aware of is that if your ex husband is homeless and destitute, then you will most likely have to give him some of your money as part of divorce proceedings as need is taken into account when determining what is fair when parties are divorcing. So, whilst you have to serve divorce proceedings on your husband, if he is properly advised, he will seek part of your savings as part of the divorce hearing. As you are aware, the Affidavit of Means will set out both your financial situations. However, if you are much better off, you will be asked to contribute to your husband in the divorce proceedings. So, you should consider this point and also consider whether you should get legal representation when considering divorce, as the case is likely to be more complicated than you have imagined.

Customer: replied 13 days ago.
Thanks so much for your very helpful reply. I now understand that going down the DIY route is not a good idea. Can I just ask you one more thing, if for some reason I can't find the separation agreement or if it wasn't filed, can I proceed with the divorce process or does that have to be in place to go ahead with the divorce?
Expert:  Buachaill replied 13 days ago.

2. There is no need for you to have the separation agreement if it has been lost. Essentially, upon divorce in Ireland, all issues which were dealt with in a Separation Agreement are open for debate again, so the court is never bound by the Separation Agreement. So, ultimately, it does not matter if you don't have the Separation Agreement. The divorce court will examine afresh all the issues and you can go ahead with getting your divorce.

Customer: replied 13 days ago.
Thank you so much, that's really helpful and I appreciate your advice.
Expert:  Buachaill replied 13 days ago.

3. Glad to be of assistance. Have a good day.

Customer: replied 13 days ago.
You too, thanks again
Expert:  Buachaill replied 13 days ago.

4. Best wishes.