Family Law
Dealing with Family law issues can be very emotional for the parties involved. It is important to seek independent guidance from someone who will not only offer a sympathetic ear but can work on your behalf professionally to resolve any problems. Family law encompasses many areas including, divorce, separation, mediation, custody issues, maintenance, disposal of property, domestic violence, family abuse, prenuptial agreements and so on. It also addresses cases where individuals are cohabiting as couples.
If you want to be contacted in confidence by a Solicitors In Ireland Lawyer please fill out the form which will help us understand your circumstances. Any information sent to us is strictly confidential.
Separation
Separation can happen in three main ways, mediated agreement, a separation agreement or the granting of a judicial separation. The first, a mediated agreement, is usually handled for free by the non legal Family Mediation Service.
Under a mediated service the separating parties can negotiate and agree their responsibilities to any children, resolve disputes about financial support, living arrangements and so on. Often this document or arrangement can form the basis of a legal agreement.
A separation agreement is essentially a legal contract that has been agreed by both separating parties that outlines their rights and obligations to each other. It will cover areas such as custody and access in relation to children, maintenance, division of property, succession rights, debts and so on. It should be noted that a separation agreement does not adequately address pension entitlements as the trustees of a pension are not bound by the terms of a Separation Agreement. Once both parties are satisfied with the document it is signed and witnessed.
Judicial Separation
If the other methods of achieving a separation fail, either party to the separation can apply for a judicial separation which is a legally binding ruling handed down by the courts. It should be noted that before you can go down this route there are certain criteria of which at least one must be met in order to be able to proceed with this action. For example a spouse has committed adultery, or deserted the other for more than a year. If you wish to discuss all the different circumstances that can lead to the granting of a judicial separation please fill out the form and a Solicitor In Ireland Lawyer will contact you in confidence to outline your options.
All Judicial Separations are heard by the Circuit or High Court and are held in private.
There can be many complex factors that have to be addressed when seeking a divorce or separation. These will include the present and future financial standings of both parties, property ownership, dependent children and so on. It is often a benefit to both parties to have legal representation to ensure that a fair and equitable settlement can be reached.
Divorce
Divorce is the dissolving of a civil marriage by the courts which allows the parties to remarry. In Ireland several criteria usually have to be met including the parties having lived apart for four of the preceding five years, there is no hope of reconciliation and that adequate measures are put in place to ensure the proper maintenance and the welfare of spouse and / or any dependent children.
There can be many complex factors that have to be addressed when seeking a divorce or separation.
These will include the present and future financial standings of both parties, property ownership, dependent children and so on. It is often a benefit to both parties to have legal representation to ensure that a fair and equitable settlement can be reached.
Child Custody / Maintenance Awards / Access
In the case of a separation / divorce of a married couple with dependants there are several factors that are taken into consideration. Firstly what is a dependent? Dependants in the eyes of the law are generally considered to be children less than 18 years of age or up to 23 years old (if in full time education). Unless the court rules otherwise it is usual for cohabiting individuals with dependants to see the children reside with the mother in the relationship.
When a separation or divorce is being reviewed by the courts a significant effort is made to assess the welfare of the child / children. They will make a determination based on the best interest of the child's religious, moral, intellectual, physical and social welfare.
Maintenance decisions are usually based on presentations by the separating parties and will consider factors such as the age, income, assets and ability to have employment. While the District Court can award maintenance they are restricted to maximum awards of up to €500.00 per week to a spouse and €150.00 per child per week. In order to get more than this the party seeking maintenance must apply to the Circuit Court to establish a ruling. If the person ruled to give maintenance does not pay then action can be taken to have payments made at their income source, whether as an employee or even from social welfare.
Access to children is determined in the courts if the separating / divorcing couple are unable to come to an arrangement. The courts do usually try to give access to both parents as it is viewed as in the best interest of the children. There are exceptions for example where abuse has been proven. A family member may also apply for access if they have at some point acted as guardian for the child. Grandparents can apply to the court for access to their grandchildren
Family Home / Property / Assets
When a couple separate the legal system takes into consideration the full list of assets that both spouses have in order to assess what is a fair division of these. As with all cases where children are involved any division will also take into account the welfare of the dependants first. Both parties must declare all income and assets when legally separating or divorcing. Neither party to the proceedings can sell the marital home and assets.
In the eyes of the courts an asset is essentially all the worldly goods possessed by the couple including all properties, share portfolios, pensions, insurance-linked investments and savings to mention a few.
Safety orders / Baring Orders
Unfortunately violence does enter the home and can be perpetrated against a partner, spouse or children.
The law provides various mechanisms to protect those in the home that may be suffering physical, sexual or psychological violence. The orders that can be granted to offer protection against those guilty of domestic violence include, barring orders, safety orders, protection orders and in certain cases interim orders, as the above, can be implemented by the courts. If you wish to discuss your options in confidence please fill out the form.
Nullity / Annulment
A state sponsored annulment or declaration of Nullity of marriage is based on the concept that the supposed marriage is null and void. In other words no legal marriage exists or ever happened. It has benefits in that there is no minimum waiting time and the spouses may avoid the financial headache which sometimes follows a divorce.
There is no time limit as to how long the supposed marriage was in existence once it can be shown that at least one of the following criteria is met:
One or both of the parties to the marriage lack the capacity to marry the other because
- they are too closely related,
- they are already married to another person
- they are potentially of the same sex.
One of the parties fails to give a full, free and informed consent to the marriage.
The parties failed to address the legal prerequisites and formalities of marriage.
If the marriage was never consummated due to physical impotence and were incapable of having sexual relations.
One or other of the spouses was incapable of entering into and sustaining a proper or normal marriage relationship because they are suffering some psychiatric or other personality disorder.
Pre-nuptial Agreements
A Prenuptial Agreement is essentially a contract entered into between engaged couple who are about to marry which outlines how all assets will be distributed should the marriage end.
It is normally entered into when one or both of the parties have existing wealth or is likely to create or inherit future wealth. If you want to enter a prenuptial agreement it is advisable to seek advice as there is no legal basis in Irish law for such agreements. However some commentators view them as a standard contract and as a result they may be recognised in Law.
Domestic Abuse
Domestic abuse or violence is a very sensitive area of family law.
It is important whether the abused is a child, a partner or a spouse that the abuser is prevented from continuing to perpetuate any acts whether physical or psychological as soon as possible. There are mechanisms that can help. Do not wait or make excuses. Sort out the problem now.
A trusted Solicitors In Ireland Lawyer can play a big part in helping to sort out the issues as described above as well as the many more aspects of family law that have not been outlined above. Please fill out a form and tell us what you feel a Solicitor might be able to help you with.
