Family law can be very emotional for the parties involved. Our offices approach these cases with understanding and empathy.
We aim to resolve these matters in a non confrontational manner and strive to reach an agreement which is satisfactory for everyone involved. In some cases, this is not possible and the matter has to be dealt with in the courts. Our offices attend at the High Court, Circuit Court and District Court in Clonmel, Cashel and Carrick on Suir.
We can assist you with the following:
Domestic Violence Matters
If you have any queries in relation to the above or if you have been served with any of the above proceedings, our office would be happy to assist.
Divorce
In Ireland, you must satisfy the following criteria to apply for a divorce:
- You and your spouse must live apart from one another for at least two out of the previous three years.
- You or your spouse live in Ireland permanently or either of you have lived in Ireland for at least one year.
- There is chance of reconciliation.
The Court must ensure that proper arrangements have been made for each spouse and for any children of the marriage. An agreement could be reached outside of Court if the above criteria are met and both parties are satisfied with same.
Judicial Separation
This is a Court Order outlining the terms where a couple no longer live together as a married couple. You can apply for a judicial separation if you meet one of the following criteria:
- You or your spouse or partner has committed adultery.
- You or your spouse has behaved in a way that it would be unreasonable to expect both parties to continue to live together.
- One party has been deserted for at least one year.
- You have lived apart for at least one year. This can mean you live in separate residences or living in the same residence but not in an intimate and committed relationship.
- The marriage has irretrievably broken down for at least one year.
You cannot remarry once a Judicial Separation Order has been granted. You can only remarry once a Divorce Order has been granted.
The Court must ensure that proper arrangements have been made for each spouse and for any children of the marriage.
Separation Agreement/ Separation Deed
When a couple agrees the terms for them to live separately, this can be implemented into a Separation Agreement/ Separation Deed. A signed agreement/ deed means that you are legally separated. You cannot apply for judicial separation proceeding once an agreement/ deed has been signed. You will have to wait for a divorce.
Maintenance
Maintenance is financial support for a spouse, civil partner, qualified cohabitant and dependent children. A parent, whether married or not, can apply for maintenance from the other parent for the children of the relationship. A legal guardian can also bring this application on behalf of the children. A child is a dependent child until they either turn 18 years old or 23 years old who is in full time education, or a child of any age who is dependent on his/ her parents due to a disability. A maintenance order directs for the period payment of maintenance. The order outlines how much the payment should be and how often it should be paid. If there are arrears of maintenance, an application can be brought to the court to enforce the court order. If a party wishes to change or discharge the maintenance order, this application can be brought also.
Access
This is where a child and an adult has contact with one another and they do not live together. A child has the right to have access with a parent or guardian. Access can be physical or can be by telephone etc. The voice of the child can be taken into consideration as part of the court decision. Any person related to the child by blood or adoption can apply for access. This includes grandparents or a partner/ spouse of the child’s parent who has lived with the child.
Custody
This means being responsible for the day to day care of a child. Sole custody is where one parent/ guardian is responsible for the day to day care of a child. Joint custody is where both parents/ guardians are responsible for the day to day care of a child. The court can appoint who the primary carer of the child is.
Guardianship
Guardianship is the legal responsibility regarding a child’s upbringing and welfare. It includes making decision in relation to schooling, medical treatment, passport and travel issues and religion. You are an automatic guardian of a child if you are the child’s birth mother, you and your spouse are both parents to the child, you are an unmarried parent that lived with the child’s birth mother for 12 consecutive months and 3 months of this period is since the child was born. If you are an automatic guardian, you do not need to go to court. If you do not meet the criteria to be recognised as an automatic guardian, you can go to court to be appointed as guardian or you can ask the birth mother to agree that you can become guardian. You can apply to become a child’s guardian if you are the child’s parent, a step parent, civil partner or cohabitant with a parent of the child, if you have provided the child’s day to cay care for more than one year.
Domestic Violence Applications
You can bring a domestic violence application against your spouse, civil partner, a person you live with and in an intimate relationship, a person you have lived with and were in an intimate relationship, a person you were in an intimate relationship with but did not live with them, your adult child, the other parent of your child or another adult you live with. You can bring an application on your own behalf and you have the option to bring it on your dependent children’s behalf.
The following Orders can be granted by the Court:
- A Protection Order: this is a temporary order that lasts until the full court hearing of a Safety Order or Barring Order application. A Protection Order prohibits the other person from using or threatening to use violence against, molesting or putting you in fear. The Order can also prohibit the other person from watching or besetting the place where you reside and following or communicating with you including by electronic means.
- A Safety Order: this is an Order than can last up to five years. It prohibits the other person from using or threatening to use violence against, molesting or putting you in fear. The Order can also prohibit the other person from watching or besetting the place where you reside and following or communicating with you including by electronic means.
- An Interim Barring Order: this is a temporary order that lasts until the full court hearing of a Barring Order application. This Order prohibits the other person from returning to the property that you share, from using or threatening to use violence against, molesting or putting you in fear. It can also prohibit the other person from watching or besetting the place where you reside and following or communicating with you including by electronic means. The Court cannot grant an interim barring order if you have no legal or beneficial interest in the property or if the other person’s interest in the property is more than yours.
- A Barring Order: this is an Order that can last up to three years. This Order prohibits the other person from returning to the property that you share, from using or threatening to use violence against, molesting or putting you in fear. It can also prohibit the other person from watching or besetting the place where you reside and following or communicating with you including by electronic means. The Court cannot grant a barring order if you have no legal or beneficial interest in the property or if the other person’s interest in the property is more than yours.