Family law in Ireland |
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An Overview:-
The breakdown of a marriage is always a very emotionally draining and arduous time for both parties as well as their friends and relatives. The situation is made even more difficult where children at a vulnerable and tender age are involved.
Family law is a complicated and emotive area in which it is difficult to obtain a satisfactory conclusion without a degree of compromise by both parties. |
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Many of the issues to be resolved relate to property such as the family home and other property investments. There is no ultimate solution of a 'clean break' in Irish family law so both parties finances will have to be analysed and generally some sort of maintenance agreement will have to reached. |
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It is vital that any solution should give priority to the welfare of the children. It is essential that any children involved should not be exposed to animosity created in a marital breakdown. |
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1. Mediation
A Mediator can assist a couple in reaching agreement in relation to the issues mentioned previously and this can then form the basis for a Separation Agreement. |
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2. Separation Agreement
A Deed of Separation can be negotiated with the assistance of a Solicitor. A Deed of Separation is a legally binding document, which deals with present and future issues. The Deed is signed by both parties in the presence of their respective Solicitors |
3. Judicial Separation
Judicial Separation is a separation through the Courts and a Decree of Judicial Separation is granted by the Court. This is the final option when both parties have not been able to reach agreement and therefore High Court or Circuit Court proceedings must be issued. There are certain criteria to be met in order for a Decree of Judicial Separation to be granted
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Divorce has been available since 1996. There are certain criteria to be met in order for the Court to grant a Decree. The important criteria are that the parties must have lived separate and apart for a period of at least 4 years out of the preceding five years prior to the institution of proceedings, there is no reasonable prospect of reconciliation and proper provision has or will be made for the spouse and dependent children. The grounds and criteria for Divorce can be discussed with the appointed Solicitor. |
