Family Law/Divorce

Family law breakdown can be one of the most traumatic events in one's life.  Not only are there significant emotional traumas to be dealt with there are in addition not insignificant legal and financial implications to be dealt with such as the division of all of the assets of the marriage including property issues maintenance and pension rights.

Any person who is going through a breakdown of marriage requires their case to be dealt with by an experienced professional.

Our firm deals in all areas of Family Law whether it is in the area of pre-marriage legal advice, Non- Marital Relationships, or Co-Habitation Rights we can assist you.

Separation Agreements:

There are two options for a couple who wish to separate, either they can seek a -

1. A Separation Agreement.
                   or
   
2. A Judicial Separation Agreement.

In general if a married couple can agree the terms and conditions upon which they wish to separate then a Separation Agreement can be entered into between the parties which sets out their respective duties and obligations under the Agreement and it is a legally binding contract.

In general the matters which are dealt with under the agreement are:

• Division of Property
• Custody and access in respect of any children of the marriage
• Maintenance to the spouse and children and Lump sum payments.
• Succession Rights.

A Separation Agreement cannot however make adequate provision in respect of pensions as the Trustees of a Pension Fund are not bound by the terms of a separation agreement. If the parties wish to seek a divorce at a later date the separation agreement entered into between the parties will be used as part of that process.

 

 

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Judicial Separation.

Basically a Judicial Separation seeks to deal with the same issues as would normally be dealt with by a Separation Agreement except it is dealt with by either the Circuit Court or the High Court and it is heard in camera, in other words the public are not to be present in court when the case is being heard.  There are several grounds for which a Judicial Separation may be sought but the most common ground for seeking this relief is because no normal marital relationship has existed between the parties for at least one year prior to the application.

A judicial separation will invariably extinguish the statutory rights of the parties to each others estate and it will also regulate all matters pertaining to pension as the trustees of a pension are bound by a decree of Judicial Separation.

For further advice please contact Stapleton & Company Solicitors at 01 6797939 or fill out an Online Enquiry Form and we will contact you to advise you of your legal rights and entitlements.

 

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Divorce

Divorce is governed in Ireland by the Family Law Divorce (Act) 1995.
A divorce granted through the Courts in Ireland allow either party to remarry.  There are obligations on lawyers acting for parties who seek a divorce which are as follows.

• The possibility of reconciliation must be discussed
• The names and addresses of the persons qualified to bring about a reconciliation between the spouses must be given.
• The possibility of engaging in mediation must be discussed as well as the names and addresses of persons who are qualified to bring about a mediation.
     
  

For a divorce to be granted in Ireland the a Court has to be satisfied with regard to the following matters:

• The parties have to be separated for a period of four out of the previous five
  years.
• There can be no reasonable prospect of reconciliation.
• Adequate financial arrangements have to be put in place for the wellbeing of
  the spouse and the dependent children.

In addition before a divorce is granted a Court will take into consideration the following matters:

• The financial situation of both parties.
• Property rights and entitlements.
• The welfare and requirements of dependent children.
• Succession rights under the Succession Act 1965

 

 

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