At McCarthy + Co, our family law solicitors are frequently approached by individuals who are certain their marriage is over and wish to bring it to an end formally, and as quickly as possible. In the initial stages of this process, we are often asked: “How long does it take to get a divorce?”
There is no definitive answer to that question. The timeline will depend on the facts of your case, whether matters are agreed, whether children are involved, the extent of the financial issues, and the court schedule. As a general guide, many divorce cases take around 12 months from the date the application is issued, but some cases may be resolved sooner, while more complex cases can take significantly longer.
Starting the process
Before applying for a divorce, you must meet the legal criteria.
The court must be satisfied that you and your spouse have lived apart for at least 2 of the previous 3 years, that there is no reasonable prospect of reconciliation, and that proper provision exists, or will be made, for both spouses, any children, and any other dependent family members.
In some cases, spouses may still be regarded as living apart even if they continue to live in the same property. What matters is whether you are still living together as a couple in an intimate and committed relationship.
You must also satisfy the relevant jurisdictional requirements. This means that either spouse must be domiciled in Ireland when the application is issued or have been ordinarily resident in Ireland for the year immediately before the application.
The first stage of a divorce application
Once it is established that you meet the eligibility criteria, the next step is to prepare and issue the necessary court documents.
The documents required will depend on the circumstances of the case, but they commonly include a Divorce Civil Bill, a statement of means, a statement of welfare if there are dependent children, and a mediation declaration. Depending on how the case progresses, further documents may also be needed later in the process to have the matter listed before the court.
Divorce applications in Ireland may now also be issued through the Courts Service online system in appropriate cases. Whether your case is filed online or dealt with more traditionally, it is still important to ensure that every document is prepared carefully and served correctly.
Although it is possible to make an application without a solicitor, legal advice is strongly recommended. A solicitor can help ensure that the documents are accurate, the case is managed properly from the outset, and communication with the other spouse (or their solicitor) is handled effectively.
The early stage of preparing, issuing, and serving documents may take several weeks or several months, depending on the complexity of the case, the quality of the financial information available, and how quickly both parties engage with the process.
Uncontested divorces
If your divorce is uncontested, meaning that you and your spouse are in agreement about the key terms, the process is usually more straightforward.
Even in an agreed case, the court still needs to be satisfied that the legal requirements for divorce have been met and that proper provision has been made. If the paperwork is in order, both parties engage promptly, and the court has availability, an uncontested divorce can often be progressed more quickly than a contested one.
That said, there is no guaranteed timeframe. The overall duration will depend on the court list, the completeness of the documents filed, and whether any further information is required before the final order can be made.
Contested divorces
If your divorce is contested, meaning that you and your spouse do not agree on one or more important issues, the process is likely to take longer.
A contested divorce may involve disagreement about financial matters, property, maintenance, pensions, arrangements for children, or other issues arising from the breakdown of the marriage. In those cases, there may be further pleadings, negotiations, mediation, or court hearings before matters can be resolved.
Some contested cases settle after negotiation or mediation, while others proceed to a full hearing. The more issues there are in dispute, the more likely it is that the process will be prolonged.
What can delay a divorce?
Even where both spouses want to deal with matters constructively, several factors can affect how long a divorce takes.
- Disagreement about finances or children – Disputes about maintenance, property, pensions, or parenting arrangements can add significantly to the length of the case. The court must be satisfied that proper provision has been made, so these issues need to be addressed carefully.
- Delay in providing financial information – Both parties are expected to give full and accurate financial disclosure. If financial documents are incomplete, delayed, or disputed, progress can slow considerably.
- Limited engagement by one spouse – If one spouse is slow to respond, avoids service, or does not engage properly with the proceedings, additional procedural steps may be needed. That can increase both the time involved and the cost.
- Mediation or settlement discussions – Mediation and negotiation can be very helpful and may ultimately save time and expense. However, they can also extend the timeline in the short term while efforts are made to reach agreement.
- Complex assets or business interests – Cases involving family businesses, investment properties, pensions, or significant assets often require more detailed consideration and can take longer to finalise.
- Court scheduling – The court’s own timetable will also affect the progress of your case. Even where matters are ready to proceed, the availability of court dates can influence how quickly a final order is made.
Does a separation agreement help?
A formal separation is not required before applying for a divorce. However, where spouses have already entered into a separation agreement, or obtained a decree of judicial separation, that can sometimes help narrow the issues and make the divorce process more efficient.
If matters have not previously been agreed, more time may be needed to resolve the practical and financial consequences of the separation before the divorce can be finalised.
So, how long will your divorce take?
Every case is different. A straightforward and agreed divorce may move relatively efficiently, while a contested case involving children, pensions, property, or business interests may take much longer.
The best way to understand the likely timeline in your own circumstances is to take legal advice at an early stage. Clear advice at the outset can help you understand the process, avoid unnecessary delay, and take practical steps to move matters forward.
Speak to our family law team
If your marriage has come to an end and you would like advice on the divorce process, the team here at McCarthy + Co Solicitors LLP can help. We can advise you on the likely timeline, the steps involved, and the best way to protect your interests throughout the process. Arrange a time to speak with a solicitor by completing our quick and confidential online form.
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