# Doing it yourself Divorce -grounding affidavit Query



## Lala1234 (1 Jul 2020)

Hi All, 
Currently doing a divorce myself - its consent so that's half the battle isn't it! 
Lodged what i thought were the last of my docs to court only to receive a call from the court saying i needed a grounding affidavit - it wasn't mentioned in any of the document listings i had previously looked up - but found a template on the courts website i can use - my question is to anyone that has completed one - it says that i need to put in the grounds to which i seek the order - i imagine this will be what i have already added to the bill such as we lived apart for x amount of time - no prospect of reconciliation etc?

Can anyone tell me am I on the right track? The date I have is for this month so obviously anxious to get it done asap. 

Thanks in advance!


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## Thirsty (2 Jul 2020)

[broken link removed]

The info in regards to the period of living apart is out of date; but the remainder should be accurate.


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## Purple (7 Jul 2020)

Lala1234 said:


> Currently doing a divorce myself - its consent so that's half the battle isn't it!


No, it's about 95% of the battle.


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## Thirsty (7 Jul 2020)

Irish divorce law differs from UK is that the only requirement is to have lived apart for a fixed period of time & no chance of reconciliation; provided that can be established, the respondant cannot contest the granting of a divorce.

Unlike in the UK where you must show 'grounds'  and in a recent incident a case was thrown out on insufficent grounds; being miserable is not enough.









						Unhappy marriage not grounds for divorce, supreme court rules
					

Tini Owens, who wants to divorce Hugh Owens after 40 years of marriage, loses case




					www.theguardian.com
				




What can difficult, be it divorce or JS, is the settlement terms; if you have that agreed, the rest of it is straightforward enough.


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## Kasandra (14 Oct 2020)

Lala1234 said:


> Hi All,
> Currently doing a divorce myself - its consent so that's half the battle isn't it!
> Lodged what i thought were the last of my docs to court only to receive a call from the court saying i needed a grounding affidavit - it wasn't mentioned in any of the document listings i had previously looked up - but found a template on the courts website i can use - my question is to anyone that has completed one - it says that i need to put in the grounds to which i seek the order - i imagine this will be what i have already added to the bill such as we lived apart for x amount of time - no prospect of reconciliation etc?
> 
> ...


Hello, 
Dealing with divorce myself and also only found out I need the grounding affidavit when I finally managed to talk to the court official on the phone. Can't find the form though...could you please send me a link? Thank you. 

Also, were you asked to fill out orignal consent orders? If so, what goes there? Like what we agree about rent, housing etc? 

Thanks again 
Kasandra


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## Purple (11 Nov 2020)

Kasandra said:


> Hello,
> Dealing with divorce myself and also only found out I need the grounding affidavit when I finally managed to talk to the court official on the phone. Can't find the form though...could you please send me a link? Thank you.
> 
> Also, were you asked to fill out orignal consent orders? If so, what goes there? Like what we agree about rent, housing etc?
> ...


Is this what you are looking for?


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## jimbo11 (12 Nov 2020)

Kasandra said:


> Hello,
> Dealing with divorce myself and also only found out I need the grounding affidavit when I finally managed to talk to the court official on the phone. Can't find the form though...could you please send me a link? Thank you.
> 
> Also, were you asked to fill out orignal consent orders? If so, what goes there? Like what we agree about rent, housing etc?
> ...



Hi, i seem to be in the exact same position. Never knew about the Grounding Affidavit. Did you manage to find the form on the website. The one attached above does not seem to be for family law? Any help greatly appreciated.


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## HikerGero (20 Nov 2020)

Purple said:


> Is this what you are looking for?


I'm in a similar situation.  Only getting a handle on the original consent orders now.  Was also told by the court to do a grounding affidavit.  Our affairs were all sorted out 8 years ago so there is nothing to go into the grounding affidavit, so I don't know what to delete or put in the form you have linked on the courts website.


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## HikerGero (20 Nov 2020)

Lala1234 said:


> Hi All,
> Currently doing a divorce myself - its consent so that's half the battle isn't it!
> Lodged what i thought were the last of my docs to court only to receive a call from the court saying i needed a grounding affidavit - it wasn't mentioned in any of the document listings i had previously looked up - but found a template on the courts website i can use - my question is to anyone that has completed one - it says that i need to put in the grounds to which i seek the order - i imagine this will be what i have already added to the bill such as we lived apart for x amount of time - no prospect of reconciliation etc?
> 
> ...


Hi there, how did you get on with the grounding affidavit?  I have to do one now and I don't what to put in.  Can I ask if you would link the form you found on the website and how you completed yours / what you put in it?  Mine is also by consent and matters sorted 7 years ago, so I don't know what to put in it.


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## jimbo11 (22 Nov 2020)

HikerGero said:


> Hi there, how did you get on with the grounding affidavit?  I have to do one now and I don't what to put in.  Can I ask if you would link the form you found on the website and how you completed yours / what you put in it?  Mine is also by consent and matters sorted 7 years ago, so I don't know what to put in it.



I’ve taken that form, kept the first point and then put in a lot of the points from my original family law bill, when we were married, how long separated, noted our deed of waiver and referenced a signed consent by the respondent. About to send it in. No idea if I’m correct.


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## jimbo11 (8 Dec 2020)

Hi, I've been asked for my Original Consent Terms, we have a straight forward case and already have provided a Deed of Waiver. What should be in this that's not already in a Waiver. We have no kids or no house together.


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## MOB (8 Dec 2020)

Does your  Deed of Waiver say that each of you consents to the court granting a decree of divorce?    That is the primary relief you are seeking.   Property adjustments, pension adjustments, extinguishment of inheritance rights, maintenance etc.  would be the additional matters that would normally be dealt with in the consent terms handed in.  (Lawyers can't use the term "additional matters".  We have to say "ancillary reliefs" to keep the public mystified. )

In any event, taking your case at its most rudimentary, the court will want to see a document, signed by both parties, stating that you each consent to the court granting a decree of divorce.  If that document is headed "consent terms" so much the better.


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## jimbo11 (8 Dec 2020)

MOB said:


> Does your  Deed of Waiver say that each of you consents to the court granting a decree of divorce?    That is the primary relief you are seeking.   Property adjustments, pension adjustments, extinguishment of inheritance rights, maintenance etc.  would be the additional matters that would normally be dealt with in the consent terms handed in.  (Lawyers can't use the term "additional matters".  We have to say "ancillary reliefs" to keep the public mystified. )
> 
> In any event, taking your case at its most rudimentary, the court will want to see a document, signed by both parties, stating that you each consent to the court granting a decree of divorce.  If that document is headed "consent terms" so much the better.



Ok that makes sense. My Deed does not mention a Decree of Divorce only mentions waive rights to future property or earnings and finances split previously. I had it drawn up previously as I was getting a mortgage and the Bank requested one. I think I know where I am going. Thanks for the help.


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