DIY Divorce Requirements
Before you can apply for a divorce in Ireland, certain legal requirements must be satisfied:
To qualify for a divorce, you and your spouse must have lived separate and apart for a minimum of two years. This separation can occur even while sharing the same home, provided you are leading independent lives. In practice, the court looks for signs that you are running two distinct households under one roof.
Examples include: no longer sharing a sexual relationship, sleeping in separate rooms, maintaining separate bank accounts, not preparing or sharing meals, not performing household duties for one another, avoiding shared social or leisure activities, and no longer presenting yourselves to others as a couple.
WHAT WE DO
Is DIY Divorce right for me?
Are you and your spouse still living in the same property?
In today’s economic climate, many separated couples continue living in the same property for financial reasons. While this situation can make matters more complex, it does not automatically prevent a divorce. Irish courts may accept that two spouses are living apart even while sharing the same roof, provided there is clear evidence that they are leading separate lives.
To satisfy the court, it must be shown that the marital relationship has ended in a complete and open way, and that each person is essentially running a separate household. Indicators the court may take into account include:
- The absence of a sexual relationship
- Sleeping in different bedrooms
- Keeping separate financial arrangements or bank accounts
- Not preparing or eating meals together
- Avoiding household duties for one another
- Not engaging in shared leisure or entertainment activities
- No longer presenting to family, neighbours, or friends as a married couple
If both parties claim to be separated while still living under one roof, the court may require supporting evidence. Proving this can sometimes be challenging, and ultimately, it will be for the Judge to decide based on the circumstances.
