Divorce rates in Ireland have significantly risen since 2019 and at CMCG Solicitors we understand this is a difficult and emotionally stressful time for everyone involved. We therefore aim to offer our expert advice on some important issues to make this process as easy as possible.
Judicial separation costs of a varies depending on how complicated the process becomes. If both parties reach an agreement on all terms of the divorce, the process will be less expensive. If matters such as children and financial issues are not resolved, this will increase legal fees. In order to obtain an estimate regarding fees it is advisable to contact a solicitor to discuss this further as legal fees do differ depending on the complexity of the matter.
The length of time it takes to finalize divorce varies depending on the complexity of the matter. It can take anywhere between 6 months to 3 years depending on a series of factors which include Divorce:
‣ Agreement on all terms– If both parties agree on all key issues regarding their divorce, the process is likely to take around 6-9 months. Covid has caused a backlog so this timescale can vary. It is common practice for the solicitors representing each spouse to work together and reach a conclusion where the best interests of everyone involved are met. If an agreement is not easily reached, the process can take significantly longer.
‣ Failure to disclose all assets– It is a Legal requirement that both parties disclose all assets in their name. If a party fails to co-operate with disclosure this can cause delays as separate applications to the court may have to be made to compel a party to disclose the information required.
‣ Complicated assets– It may be necessary to instruct a forensic accountant to value various assets one party may have. This can be time consuming and costly. Furthermore, the parties may need to seek tax advice when dividing their property and other assets, which can be a lengthy process.
‣ Slow response times– If both or one party provides a slow responses to court proceedings, several months can be added to the process.
‣ Court lists– legal separation Ireland court lists vary between areas and most family-law courts outside of Dublin only meet around 4 times a year. It is also possible that the court may not be able to hear your case on a particular day for example if another matter overruns.
The distribution of assets during a divorce is difficult and can cause great emotional stress on everyone involved. It is also not the case that the court divides assets equally between the parties. This will depend on the circumstances of the case. In some cases, divorcing couples can successfully divide all assets between themselves.
If however, they are unsuccessful and it is left for a court to decide, they will do so in whatever way it is deemed fair, taking into consideration some of the following factors:
• The income of both spouses.
• Financial resources each spouse.
• The lifestyle of both spouses prior to the divorce
• The mental or physical disability of either spouse
• The age of both spouses, length of the marriage and the amount of time they have lived together
• The accommodation needs of both spouses following the divorce
• If there are any children involved
• The contributions of each spouse including income, assets, childcare, earning capacity and other financial resources
It can be agreed that you can either sell the property and split the money accordingly, or the property can be transferred to one party upon payment of a lump sum to the other party if appropriate. In circumstances where one party is the sole owner, the other party will have a beneficial interest by reason of marriage and where there are children involved the matter can become more complicated. Consideration will need to be given to many factors before specific advice can be given as each matter is different.
It can also be common for the child’s primary caregiver to be permitted to remain in the property until their youngest child reaches 18, or 23 if in full-time education. There are however exceptions to this rule. All decisions are made on an individual basis and with the children’s best interests in mind.
After property, a pension is considered one of the most valuable assets of a marriage. The Irish legal separation Ireland court has the right to order that your pension be shared with your spouse. When a Pension Adjustment Order is made, part of the pension fund will be split for the benefit of the receiving spouse. In instances where there are multiple private pension accounts, the court will respond accordingly depending on the circumstances of the case.
Although it is common, pension assets will not always be shared with your spouse. The judge will however, consider this asset when making all other decisions relating to the division of your financial assets.
As with all issues regarding divorce, the division of your financial assets are complicated and the outcome is very much based on your individual case alone. With over 18 years of experience, our experts at CMCG Solicitors can help you every step of the way to ensure the most favorable outcome is reached in the shortest possible time and at the most affordable rate.
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