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To initiate a divorce, you need to apply to the court, stating that your marriage has irretrievably broken down. As of April 6, 2022, the process has been simplified under the Divorce, Dissolution and Separation Act 2020, allowing for a no-fault divorce without the need to assign blame.
Under the current law, the sole ground for divorce is the irretrievable breakdown of the marriage. This is established by a statement from one or both spouses without the need to provide further evidence.
The divorce process involves several key steps:
The minimum duration for the divorce process is approximately six months, considering the mandatory waiting periods between each stage. However, the timeline can extend if there are disputes over finances or child arrangements.
In most cases, attending court is unnecessary for the divorce itself, especially when both parties agree. However, court attendance may be required if there are contested issues regarding finances or children.
The divorce process legally ends the marriage but does not automatically resolve issues related to finances, property, or child arrangements. Separate agreements or court orders are necessary to address these matters.
Both parents are generally encouraged to maintain a relationship with their children post-divorce. If an agreement cannot be reached amicably, the court can issue a Child Arrangements Order to determine where the child lives and how much time they spend with each parent.
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