Family Law

Family law case involves disputes between family members, often between a husband and wife or between civil partners, where resolving the legal issues between each side can be difficult and traumatic. The parties are more vulnerable because of the emotions not present in stranger disputes. Thus, each party should be separately represented. Unfortunately legal costs often become an issue, as there are two sets of costs are coming out of the sole joint marital ‘pot’. Often it’s the parties who increase the costs, by having unrealistic expectations. Generally in breakdown of relationships, the parties will benefit both financially and emotionally if the Solicitors work together.

Our Firm recommend that you avail of Free Legal Aid if you qualify and to use mediation facilities, so as to fashion a settlement with the greatest input of our client. Mediation has an important role, but with legal advice, not in lieu of it.

Family mediation is a state-run service to help couples who have decided to separate or divorce, or who have already separated. In certain circumstances, mediation can also assist in disputes within families. E.g. siblings and care for elderly parents, mother-in-law/son-in-law, grandparents. Clients are helped by a professionally trained and accredited mediators  to negotiate their own terms of agreement, taking into account the needs and interests of all involved. Mediation allows people to make their own decisions and hold onto their own power.  The service is currently free. There are currently 16 offices located around the country:  For information on opening times and locations please click here.

Marital breakdown affects all areas of a person’ s life. To regulate matters in a legal context, there are three different ways of doing this in Ireland:

• Separation agreement
• Judicial separation
• Divorce

A separation agreement is reached through agreement between the parties, whereas a court grants a judicial separation or a divorce. Only a decree of divorce dissolves the marriage and allows each party to remarry or enter into a civil partnership.

For more information please download our brochure:

• Divorce in Ireland

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (“the Act”) is in force since the 1^st January 2011. introduced a statutory civil partnership registration scheme for same-sex couples, see Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The courts are able to grant a decree of nullity of civil partnership and able to dissolve civil partnerships in a similar way to the granting of divorce;  see dissolution of civil partnerships  Orders such as protection orders, maintenance orders and pension adjustment orders may be made in the course of court proceedings for the dissolution of civil partnerships as in judicial separation and divorce proceedings.  GLEN (Gay & Lesbian Equality Network) has published a useful guide:

• Know Your Rights: The RIghts and Obligations of Civil Partners and Other Same-Sex Couple

 

Our firm is on a Free Legal Aid panel of solicitors who provide representation in relation to District Court cases such as domestic violence, maintenance, custody, access and guardianship cases. In applications involving minors the welfare and interests of the children is the firm’s  main concern and we encourage our clients to make every effort during the proceedings to agree practical arrangements concerning their children.