Family and relationships issues can be very distressing, and the decisions and actions you take now can have far-reaching effects. So you need help and advice from someone who understands how you’re feeling, but can take a sensible, pragmatic view.
Our solicitors are extremely experienced in all family matters, from divorce to children’s issues to complex financial arrangements. They also liaise closely with solicitors in our other departments when business interests, investments or issues with wills and taxation arise.
Our aim at all times is to provide you with advice in order that we might achieve the best possible outcome for you with the minimum amount of stress and anguish.
The following are some of the areas on which we can provide you with advice and assistance:
- Separation Agreements
- Judicial Separation
- The Family Home
- Custody, access and guardianship issues
- Pension rights on separation and divorce
- Succession rights on death
- Tax implications on marriage breakdown
- The non-marital family
- Recognition of foreign divorces
- Separation Agreement
Persons who have been married may separate voluntarily and enter into what is called a Separation Agreement. This is a legally binding agreement or contract and the parties can deal with matters such as custody of their children, access to children, maintenance in respect of the children and/or dependant spouse, division of property and succession rights.
However, the parties are not free to deal with any matters relating to pension rights or any entitlement they may have to an estranged spouse’s pension on retirement. There has to be agreement between the husband and wife on all the terms before a separation agreement can be finally signed.
Where the parties cannot reach agreement, however, they can apply to the Court for an Order of Judicial Separation. The Court is free to make Orders in relation to custody, access, maintenance, property rights and succession rights.
The Courts also have the right to make what is known as a pension adjustment order which gives one spouse an entitlement to share in the other spouse’s pension on retirement. Similarly, a Court can rule that the spouse ceases to have any rights to the other’s pension.
With the introduction of the Family Law Divorce Act 1995, it became possible for estranged spouses in Ireland to obtain a divorce, provided that the parties have lived apart for 4 years in the previous 5 years.
Again, following an application to the Court, various Orders can be made to deal with custody, access, maintenance, division of property rights, succession rights and pension adjustment Orders.
To arrange a consultation for legal advice on Separation, Divorce or other Family Law issues call us on Free Phone 1 800 644 444 or simply email us using the enquiry form.