Divorce in Ireland
Reviewed by the Commoner Law Editorial Team. Sourced from Irish Acts of the Oireachtas, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Divorce in Ireland is available through the Circuit Court or High Court. Since the Family Law Act 2019 (following the 2019 referendum), the requirements are:
- The spouses must have lived apart from one another for 2 out of the previous 3 years (reduced from 4 out of 5 years).
- There is no reasonable prospect of reconciliation.
- The court must be satisfied that proper provision has been or will be made for the spouses and any dependent children.
"Living apart" can include living in the same house if the relationship has clearly broken down — the couple does not need to have separate addresses.
There is no concept of "fault-based" divorce in Ireland — the court does not consider who was to blame for the marriage breakdown.
When does it apply?
- You are legally married and the marriage has broken down.
- Either spouse is domiciled in Ireland, or either has been ordinarily resident in Ireland for at least 1 year before the application.
- You can apply for a judicial separation before divorce, but it is not a prerequisite.
- If you were married outside Ireland, your marriage is still recognised, and you can apply for divorce in Ireland if the jurisdiction requirements are met.
What to Do If You Want a Divorce in Ireland
- Get legal advice — a solicitor experienced in family law can guide you through the process.
- Consider mediation before going to court — the Legal Aid Board's Family Mediation Service is free. The solicitor must certify that you have been advised about mediation.
- File an application in the Circuit Court (for most cases) or the High Court.
- The court will make ancillary orders covering property, pensions, maintenance, and custody.
- If you cannot afford a solicitor, apply for civil legal aid through the Legal Aid Board — means-tested.
What should you NOT do?
- Don't leave the family home without legal advice — this can affect your property rights.
- Don't assume everything is split 50/50 — Irish courts do not follow a fixed formula. "Proper provision" depends on the circumstances of each case.
- Don't hide assets — full financial disclosure is mandatory, and concealment can result in orders being set aside.
Common Questions
How long must you live apart before divorce in Ireland?
Since the Family Law Act 2019 and the 2019 referendum, spouses must have lived apart for 2 out of the previous 3 years — reduced from 4 out of 5 years. Living apart can include living in the same house if the relationship has clearly broken down. The court must also be satisfied there is no reasonable prospect of reconciliation.
Does fault matter in an Irish divorce?
No. There is no concept of fault-based divorce in Ireland — the court does not consider who was to blame for the marriage breakdown. What the court does require is that proper provision has been or will be made for the spouses and any dependent children. Full financial disclosure is mandatory, and concealment of assets can result in orders being set aside.
Can I get legal aid for a divorce in Ireland?
Yes. If you cannot afford a solicitor, apply for civil legal aid through the Legal Aid Board, which is means-tested. The solicitor must certify that you have been advised about mediation — the Legal Aid Board's Family Mediation Service is free. Most divorces are filed in the Circuit Court, which makes ancillary orders covering property, pensions, maintenance, and custody.
When does it apply — divorce?
You are legally married and the marriage has broken down.Either spouse is domiciled in Ireland, or either has been ordinarily resident in Ireland for at least 1 year before the application.You can apply for a judicial separation before divorce, but it is not a prerequisite.If you were married outside Ireland, your marriage is still recognised, and you can apply for divorce in Ireland if the jurisdiction requirements are met.
What should I do if I want to get divorced in Ireland?
Get legal advice — a solicitor experienced in family law can guide you through the process.Consider mediation before going to court — the Legal Aid Board's Family Mediation Service is free. The solicitor must certify that you have been advised about mediation.File an application in the Circuit Court (for most cases) or the High Court.The court will make ancillary orders covering property, pensions, maintenance, and custody.If you cannot afford a solicitor, apply for civil legal aid through the Legal Aid Board — means-tested.
What should you NOT do — divorce?
Don't leave the family home without legal advice — this can affect your property rights.Don't assume everything is split 50/50 — Irish courts do not follow a fixed formula. "Proper provision" depends on the circumstances of each case.Don't hide assets — full financial disclosure is mandatory, and concealment can result in orders being set aside.