The current dividing line
Divorce and judicial separation proceedings are brought in the Circuit Court or the High Court. The Circuit Court handles the great majority of cases; proceedings are generally brought in the High Court where the market value of the assets involved exceeds approximately €3 million, and cases can be transferred between courts where the asset picture justifies it.
Forum affects more than the room. High Court proceedings move under different rules and cost structures, the judges hear the State’s most substantial financial cases, and the jurisprudence on ample resources, business valuation and complex provision has been built there.
Change is legislated — commencement should be checked
The Family Courts Act 2024, signed in November 2024, provides for a restructured system of Family High Court, Family Circuit Court and Family District Court, with revised monetary jurisdictions extending family law work in defined bands to the District Court. To our knowledge the principal provisions had not been commenced when this article was prepared; anyone issuing proceedings should confirm the current position at the time, because forum, procedure and costs all follow from it.
Strategy at the margin
For families near the jurisdictional line, honest asset valuation comes first — understating values to stay in a preferred forum is a disclosure problem, not a strategy. Where values genuinely straddle the threshold, advice on forum should weigh procedure, costs, listing times and the complexity of the issues rather than any assumption that one court is softer than another. The statutory test is the same in both.
Speak to a Solicitor in Confidence
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.