Dissolution decrees
Information
A decree of dissolution allows both parties to a civil partnership to marry or enter into a new civil partnership. If a court is satisfied that the required conditions (see Rules below) are met, the court will grant the decree of dissolution, dissolving the civil partnership. When it grants the decree of dissolution, the court may also make orders in relation to the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights etc.
The fact that the parties must have been living separate lives for a couple of years before an application for a dissolution is made, means that separating civil partners may enter into a separation agreement to regulate matters between them before they seek a dissolution
In any application for a decree of dissolution, the court can review any previous arrangements made by the parties such as a separation agreement, particularly if the circumstances of either party has changed.
When a decree of dissolution is granted, it cannot be reversed. Either party can apply to court to have any orders made under the decree - such as maintenance - reviewed by the court.
Rules
Before a court can grant a dissolution, the following conditions must be met:
- The parties must have been living apart from one another for a period amounting to 2 out of the previous 3 years before the application is made.
- Proper arrangements must have been made or will be made for the civil partners.
If these conditions are met, either party to a civil partnership may apply to court for a decree of dissolution.
As the first civil partnerships have been registered in 2011, the earliest anyone will be able to apply for a dissolution decree is 2013 and the procedure will be similar to applying for a divorce decree.
When applying for a dissolution you will be required to submit two documents to the Circuit Court:
- An application form (known as a family law civil bill). This document describes both you and your civil partner, your occupations and where you live. It also sets out when you registered your civil partnership, for how long you have been living apart and the names and birth dates of your children.
- A sworn statement of means (Form 37A). This document sets out your assets, your income, your debts, your liabilities and your outgoings.
There will be no requirement to submit a sworn statement relating to the welfare of your children or a document certifying that you have been advised of the alternatives to dissolution, as is required in divorce applications.
When all of the necessary documents have been filed, you will be given a date for the court hearing. The hearing will be held in private and you will need to show the court that you meet the requirements of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. If the court is satisfied that you have grounds for a dissolution, it will grant a decree of dissolution.
Rates
You are not legally required to use a solicitor or a barrister. In fact, if you wish, you can choose to represent yourself. However, there may be complex issues which may make it very difficult to apply for a dissolution without any professional help.
How to apply
Legal advice and representation is always advisable. If you and your civil partner disagree about any issue at all it is strongly advised that you go to see a family law solicitor. You and your civil partner should not use the same solicitor.
To enquire whether you are eligible for Legal Aid, you can contact your nearest law centre. Legal Aid is not free and everyone must pay a contribution towards costs.
FLAC (Free Legal Advice Centres) is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area. FLAC also runs an information and referral line during office hours for basic legal information.
If you choose to hire a private solicitor, you should be aware that there is no fixed rate of charges for legal fees. You are advised to obtain some quotes before deciding on a legal firm. Contact information for solicitors firms throughout Ireland is available on the Law Society website.
Contacts
The Legal Aid Board
Quay Street
Caherciveen
Kerry
Ireland
Tel:066 947 1000
Locall:1890 615 200
Homepage: http://www.legalaidboard.ie
Email: info@legalaidboard.ie
Free Legal Advice Centres
13 Lower Dorset Street
Dublin 1
Ireland
Tel:+353 (0)1 8745690
Fax:+353 (0)1 8745320
Homepage: http://www.flac.ie
Email: info@flac.ie
Language
Related Documents
- Divorce decrees
A divorce decree in Ireland allows both parties to a marriage to remarry or enter into a civil partnership. Special conditions must be met, however, before a court can grant a divorce. - Judicial separation
Applications for a judicial separation in Ireland are made to the court. Find out what a judicial separation means, how to apply for it and how it works. - Nullity of civil partnership
Nullity of civil partnership means that a court has declared that your supposed civil partnership is null and void. Find out more.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.