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How to get a divorce in Ireland

Last reviewed 3 November 2026

Divorce has been available in Ireland since 1997, and the rules were eased after the 2019 referendum. A divorce is granted by a court, never by agreement alone, and the court will only grant it if certain conditions are met. This guide explains those conditions, the paperwork, and how divorce compares with a separation agreement or a judicial separation.

The conditions for a divorce

According to Citizens Information, a court can only grant a divorce if all of these apply:

1. Living apart: the spouses have lived apart for at least two of the previous three years before the application.
2. Connection with Ireland: either spouse is domiciled in Ireland when the application is made, or has lived here for at least the year before it.
3. No reasonable prospect of reconciliation.
4. Proper provision has been, or will be, made for each spouse and for any dependent children or other dependent family members.

The Family Law Act 2019 clarified that spouses can be "living apart" while still under the same roof, if they are not living together as a couple in an intimate and committed relationship. A relationship does not stop being intimate merely because it is no longer sexual. Many couples cannot afford two homes, so this matters in practice.

There is no need to prove fault. Adultery or bad behaviour are not grounds for divorce in Ireland; the test is about time apart, reconciliation and provision.

Options before divorce

Couples do not have to separate formally before applying for a divorce, but many do, because the two-year period has to run first.

Separation agreement

A separation agreement is a legally binding contract in which the spouses settle matters such as the family home, maintenance, children and succession rights. It is usually reached through mediation or negotiation between solicitors. Separation agreements commonly include each spouse giving up their legal right share in the other's estate.

Judicial separation

If the couple cannot agree, either spouse can apply to the Circuit Court or High Court for a decree of judicial separation. The grounds, set out by Citizens Information, are any one of:

• adultery;
• behaviour that makes it unreasonable to expect the couple to live together;
• desertion for at least one year;
• living apart for at least one year, whether or not the other spouse agrees;
• no normal marital relationship for at least one year (the most common ground, because no one has to be blamed).

A judicial separation lets the court make orders on custody, maintenance, property and succession, but it does not end the marriage, and neither spouse can remarry. Only a divorce does that. When a divorce is later sought, the court can review the earlier arrangements if circumstances have changed.

Do you need a solicitor?

No. You can represent yourself, and the Courts Service provides the forms. However, family law can involve pensions, property, tax and children, and if the spouses disagree about anything, independent legal advice is strongly recommended. Spouses should not use the same solicitor.

The Legal Aid Board provides civil legal aid for family law through its law centres. It is means-tested and not free: everyone pays a contribution. FLAC (Free Legal Advice Centres) runs free, confidential legal advice clinics, which can be booked through local Citizens Information Centres.

The forms

Most divorces are dealt with in the Circuit Court (the Circuit Family Court). Applications can be filed online through the Courts Service's Courts Portal or on paper at the local Circuit Court office. The main documents are:

• Family Law Civil Bill (Form 2N): details of both spouses, the marriage, how long you have lived apart, the children and what you are asking the court to order. Any existing separation agreement is attached.
• Affidavit or Statement of Means (Form 37A): income, assets, debts and outgoings, which usually has to be vouched with bank statements, payslips and bills.
• Affidavit or Statement of Welfare (Form 37B): arrangements for the children, including where they live, schooling, health and access.
• Form 37D: a solicitor's certificate that you have been advised about mediation, counselling and alternatives to divorce. It is not needed if you represent yourself.
• Your original State marriage certificate, with an official translation if it is not in English or Irish.

Paper applications need three copies of every document, filed by post or in person. The issued civil bill is then served on the other spouse, usually by registered post or by hand.

Agreed and contested divorces

If both spouses agree on the terms, the case is usually much quicker and cheaper: the agreed terms are put before a judge, who checks that the conditions are met and that the provision is proper before granting the decree. This is often called a divorce by consent.

If anything is disputed, the other spouse files an Appearance (Form 5), a Defence (Form 6A, sometimes with a counterclaim) and their own statements of means and welfare. There may be requests for documents, valuations of property and pensions, and, eventually, a hearing. All family law hearings take place in private.

How long a divorce takes depends mostly on whether it is agreed, how busy the local Circuit Court list is, and how complicated the finances are. Agreed cases can be completed in months; contested cases with pensions and property can take considerably longer.

Mediation

The Legal Aid Board's Family Mediation Service offers mediation free of charge. Mediation helps couples reach their own agreement about children, the home and money, which can then be put into a separation agreement or the terms of a consent divorce. Solicitors are required to tell clients about mediation before starting proceedings.

What a divorce decree can include

Alongside the decree itself, the court can make orders on:

• custody of and access to children;
• maintenance and lump sum payments;
• the family home and other property;
• pensions, including pension adjustment orders;
• extinguishing succession rights, so that neither spouse can claim from the other's estate.

After a divorce, each former spouse should review their will. Unlike marriage, divorce does not automatically revoke a will in Ireland, although a divorced spouse no longer has a legal right share.