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Family Law
Our barristers understand that the break-up of a relationship can be a stressful experience, especially where children are involved. Family law can be different from other areas of law, because of the emotions involved. This can impact on the decision making process of the parties. Your barrister can provide objective impartial advice based on the experience of dealing with family law cases every day in the courts.
When their marriage first breaks down, many couples informally separate and live apart. Marital breakdown affects all areas of a person’s life, and most people go on to regulate matters between them in a formal legal way.
There are three common ways of doing this:
- Separation Agreements
A Separation Agreement is a legally binding contract setting out each party’s rights and obligations to the other. Your barrister can assist you in agreeing the terms of the separation agreement.
The document that can be drawn up by your barrister and signed by both parties is called a Separation Agreement or sometimes a “Deed of Separation”. It will deal with the following important issues:
- The payment of maintenance for the upkeep of the financially dependent spouse or for the children.
- The agreement to live separate and apart.
- Custody and access arrangements for the children.
- The sale or transfer of properties into the name of either spouse as agreed.
- The agreed adjustment for the transfer of portion of either spouse’s pension to their spouse’s designated pension account or policy.
- When the agreement is signed, it can be made a rule of Court by a further application to the relevant Court. The protection this offers ensures that all the terms agreed upon concerning payments or the children of the marriage can be legally enforced. If agreement can be reached reasonably quickly between the parties and a Separation Agreement drawn up, it is ususally cheaper and less stressful than bringing a case before the Courts . Many couples formalise their separation in this way.
Our barristers act and advise in the negotiation of separation agreements, the rights and entitlements of either spouse, and the protections available by law in the case of any breach. We can negotiate the best terms for your settlement and carefully and sensitively guide you through what is already a difficult and stressful experience.
Our specialist family law barristers’ aim is to guide the parties through the process with as little stress as possible and to attempt to finalise the financial aspects of the matter without going to court. However, if we feel the best terms are not being offered to you, we have the expertise and experience to maximise your entitlements through the Courts.
- Judicial Separation
When a couple in Ireland cannot agree the terms by which they will live separately, an application to the Courts for a Decree of Judicial Separation can be made by either party.
The Court must be satisfied that:
- The grounds for the application exist.
- The couple has been advised about counselling and mediation.
- Proper provision has been made for the welfare of any dependents.
It if is satisfied, the Court can grant a Decree of Judicial Separation. The Decree confirms that the couple is no longer obliged to live together as a married couple. The Court may also make orders in relation to custody and access to children, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, the adjustment of either party’s pension entitlements etc.
An application for a Judicial Separation is made either in the Circuit Court or the High Court. As in all family law matters, cases are heard in private and the public is not admitted to the Courtroom.
- Divorce
A Decree of Divorce dissolves a marriage and allows both parties to remarry. Before a Court can grant a divorce in Ireland, the following conditions must be met:
- The parties must have living apart for a period amounting to two out of the previous three years before the application is made.
- There must be no reasonable prospect of reconciliation.
- Proper arrangements must have been made or will be made for either spouse and any dependent members of the family (such as the children of either party and/or other dependent relatives).
If these conditions are met, either party to a marriage may apply to Court for a Decree of Divorce. If it is satisfied that the grounds are met, the Court will grant the Decree of Divorce dissolving the marriage. When it grants the Decree of Divorce, the Court may also make orders in relation to custody of children and access to them, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights etc.
In any application for a Decree of Divorce, the Court can review any previous arrangements made by the parties such as a Separation Agreement, particularly if the circumstances of either party has changed. This does not mean that you must first apply for a Court Ordered Judicial Separation or complete a separation agreement. Once parties to a marriage have lived separate and apart for the required time, they can apply immediately for a divorce.
Our barristers practice in all areas of family law including:
- Separation
- Divorce
- Family Law Mediation
- Nullity
- Maintenance
- Custody/access
- Non-marital relationships
- Cohabitation issues
- Recognition of foreign divorces
- Succession rights
- Pre- Marriage advice
- Pension issues
- Adoption
- Surrogacy issues
- Hague Convention matters