1. Establish the facts of separation
Divorce requires living apart for two of the preceding three years, and living apart can include separate lives under one roof in some circumstances. Dates matter: when the separation genuinely began, what arrangements followed, what was agreed informally. A clear chronology, assembled early, anchors both eligibility and the financial narrative.
2. Build the financial picture — your own first
Before any demand is made of the other spouse, assemble your own disclosure: assets, income, debts, outgoings and pensions, with documents. Complete personal disclosure is both an obligation and an advantage — it sets the standard the other side will be held to, and it means settlement can move quickly if the opportunity arises. Our Affidavit of Means checklist tool structures exactly this exercise.
3. Identify risks to the asset pool
Where a spouse controls a business or liquid wealth, consider early whether assets could be moved, encumbered or dissipated. Irish law can restrain threatened dealings and review dispositions intended to defeat relief, but protection works best when risks are identified before they mature. Patterns worth noting: unusual transfers, new borrowing, changes in company arrangements.
4. Take advice on jurisdiction and forum
International families should resolve the jurisdiction question before any formal step — where a case is heard can materially affect its outcome, and timing rules can reward the first properly issued proceedings. Domestically, asset values determine Circuit or High Court, which shapes procedure and costs.
5. Decide the settlement strategy
Mediation, solicitor-led negotiation and proceedings are tools, not identities. Solicitors must advise on mediation before issuing family proceedings, and most substantial cases settle — but settlement is only safe on full disclosure. The productive sequence is almost always: disclosure, valuation, then negotiation against a prepared alternative.
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Consultations are private and without obligation. All enquiries are handled through our Dublin office at Ormond Quay, Dublin 7.
Richard advises on divorce, judicial separation and complex asset family law at Mary Molloy Solicitors, a Dublin firm established in 1981. His mediation qualification supports negotiated and mediated settlement of financial matters, and his TEP qualification is directly relevant where trusts, inherited assets and succession issues arise in the division of family wealth. LinkedIn
Legal information, not legal advice. This page provides general information on Irish family law. It is not legal advice, and it does not create a solicitor–client relationship. Outcomes in family law depend on the specific circumstances of each case and the discretion of the court. You should obtain advice from a solicitor on your own situation before acting.
Where tax consequences arise on separation or divorce, you should obtain independent advice from your accountant or tax advisor and consult Revenue guidance. We do not provide tax advice.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.