Family Law

The breakdown of a marriage can be a very difficult and emotional time for all parties involved. Our firm has developed extensive experience throughout the last 14 years in the area of Family Law.

We can help you deal with the legal consequences of your marital breakdown in a friendly and sensitive environment. We believe that through mindful negotiation and settlement all matters can be resolved in an amicable manner between the parties involved.

Conscious that family law problems can arise at any time, we have now launching a new Family Law Service. This service will provide Round The Clock advice 7 days per week to new and existing clients on 086 7924488. (Line opens 8am to 8pm).

We provide advice on the following areas:

Judicial Separations / Separation Agreement

The initial steps in any family law case can be the most difficult times. We can guide you, step by step, through the process whether settled out of Court through a Separation Agreement between the parties or in Court in Judicial Separation proceedings.

Many of our clients initially are confused as to the difference between both methods of separation. The following is a basic guide to Separation Agreements and Judicial Separations.

Separation Agreement

A Separation Agreement is a legal written contract negotiated between the two parties which will set out the future duties and rights of each party to one another. The document is signed by both spouses. This method of separation allows to parties to negotiate their differences out of Court and in an amicable manner.

Judicial Separation

A Judicial separation can be granted by Courts where the spouses fail to agree the terms of a Separation Agreement.

In order to apply for a Judicial Separation one of the following must exist::

• One spouse of the relationship must have committed adultery
• One spouse must behave in a way that it would be unreasonable to expect the other spouse to continue to live together
• One spouse must have deserted the other for at least one year at the time of the application for a separation
• The spouses must have lived apart from one another for one year up to the time of the application for separation, and both spouses agree to the separation decree being granted
• The spouses must have lived apart from one another for at least three years up to the time of application for a separation (whether or not the spouses agree to the separation)
• The court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of application for a separation

All Judicial Separations are heard before either the Circuit or High Court and are held ‘in camera’, that is in private, with only the parties and legal representation present (as are all family law cases).

Divorces

Have you been separated and living apart for 4 of the last 5 years? if so you could now seek a Divorce in the Irish Courts. The Court however must also be satisfied there is no reasonable prospect of reconciliation and proper provision has or will be made for the spouse and dependent children. A Decree of Divorce in Ireland will legally dissolve your civil marriage allowing either party to re-marry. Let us guide you through the steps involved whether in a contested action or by the consent of either spouse.

Custody Maintenance and Access

Ancillary issues such as Access, Custody and Maintenance of spouses and children always arise in family law cases. These can be the most stressful and emotional issues for the parties to deal with. These are sometimes matters that can be dealt with however through effective negotiations between the parties. Through our many years of experience we can guide you through the negotiation process.

Custody Maintenance and Access

Ancillary issues such as Access, Custody and Maintenance of spouses and children always arise in family law cases. These can be the most stressful and emotional issues for the parties to deal with. These are sometimes matters that can be dealt with however through effective negotiations between the parties. Through our many years of experience we can guide you through the negotiation process.

Domestic Abuse

In 1996 The Domestic Violence Act came into operation. This Act allows for various remedies such as follows:

Barring Orders

This is an order directing the respondent to leave the residence where the applicant lives.

This order may also prohibit the respondent from using or threatening violence against the applicant or a dependent child.

Only four categories of applicants can seek a barring order

1. Spouses or former spouses
2. Cohabitants who live together as husband or wife for 6 months out of the previous 9 months
3. Cohabitants who live together as husband or wife for 6 months out of the previous 9 months
4. Health Board

Protection Order

This does not put the respondent out of the home, but orders the respondent not to use violence, molest or put in the fear the applicant and any dependent person. The protection order only lasts until the hearing of the barring/safety order proceedings.

Protection orders only last until the hearing or a barring order or safety order application.

Safety Order

This also does not remove the respondent from the home.

Only five categories of applicants can apply for a safety order:

1. Spouses
2. Cohabitants who have been living together for 6 out of 12 months
3. Parents of an adult child
4. Persons of full age residing in non-contractual relationships
5. Health Board

Safety Orders can last up to five years.

Any of the Orders under the 1996 Act can be enforced by a member of the Gardai.

Why not call us now on our Lo call number 1890 947 332 to discuss any family law issues that are on your mind.