FAQ and Advice

At Mary Molloy & Company Solicitors, we know that divorce can feel overwhelming. Below we answer some of the most common questions our clients ask.

Should I talk to my spouse during a divorce?

In most cases, yes. You will need to interact with your spouse at different stages. Because emotions can run high, it’s important to remain calm and respectful when you do. Where possible, we recommend speaking directly rather than communicating only through solicitors.

Why?

  • Relying on your solicitor for every message can quickly become expensive.

  • Straightforward requests often sound more hostile when delivered by a lawyer.

  • Direct, courteous communication helps keep the process constructive.

Tips for effective communication:

  • Avoid speaking when you are upset or angry.

  • Do not post about your divorce on social media.

  • Keep all communication civil and cooperative.

When should my solicitor handle communication?
If relations are too strained, or where a protection order is in place (e.g. in cases involving domestic violence), it is best to let your solicitor act as the intermediary.

Should I keep records of communication?
Yes. Always keep copies of texts, emails, or letters relating to matters such as:

  • Debts or repayments

  • Tax details

  • Childcare schedules

  • Settlement offers

⚠️ Do not record private conversations without consent. This may be unlawful and could damage your case. Always check with your solicitor first.

What is the difference between divorce and annulment?

  • Divorce ends a valid marriage, recognising that it existed.

  • Annulment declares a marriage legally void, as if it never happened.

Grounds for annulment include:

  • Bigamy (where one spouse was already married)

  • Fraud or misrepresentation

  • Coercion or lack of valid consent

  • Underage marriage

  • Mental incapacity or inability to consummate

  • Prohibited relationships (e.g. incest)

Annulments require strong evidence, while divorce is the more common route to formally dissolve a marriage.

How long do I need to be married before applying for divorce in Ireland?

Under Irish law, you must live separately and apart for at least two years before applying for a divorce.

If you have not yet reached the two-year mark, you may still:

  • Begin preparing documents in advance

  • Apply instead for a legal separation, which has no minimum marriage length.

A legal separation usually takes 2–4 months to complete, though many couples choose to wait until divorce becomes available.

How much does a divorce cost in Ireland?

At Mary Molloy & Company Solicitors, we offer a fixed-fee consultation before proceedings begin. This allows us to:

  • Review your situation

  • Outline likely costs

  • Advise on the most cost-effective route

For uncontested divorces (where both parties agree), we offer a discounted fixed-rate service.

💻 Online consultations via Skype are also available for your convenience.

Do I need legal advice when divorcing?

Yes. Divorce involves major legal and financial implications. Having a solicitor ensures you fully understand your rights and obligations.

We guide clients through issues such as:

  • Property and pension division

  • Financial settlements and ongoing maintenance

  • Custody, guardianship, and child support

Our family law team provides practical advice with sensitivity, helping you make informed decisions with confidence.

How long does divorce take in Ireland?

You can apply for divorce once you and your spouse have been living apart for two years. After that, the timeframe depends on your circumstances.

Key factors include:

  • Contested vs uncontested divorce – if uncontested, the process is usually faster.

  • Children – custody and child maintenance discussions can add time, as the court prioritises children’s welfare.

  • Assets – dividing property, pensions, or other significant assets may lengthen proceedings.

On average, a Divorce Order may be granted in around six months, though it can be shorter or longer depending on complexity.

📞 Need tailored advice on your divorce?
At Mary Molloy & Company Solicitors, we offer confidential fixed-fee consultations — either in-office or online — so you can take the first step with clarity.