How to obtain a Divorce in Ireland?

How to obtain a Divorce in Ireland?

How to obtain a Divorce in Ireland?

Family Law refers to matters surrounding family relationships which includes concerns relating to Divorce in Ireland, separation, children issues, child maintenance, relocation and domestic violence. Here at CMCG Solicitors, we recognize that these issues can be emotionally challenging and we aim to make the process as easy as possible by offering expert advice on family law and the nuances and complexities involved. With over 16 years of experience, we are recognized as one of the top Family Law Solicitors in Dublin and we will use our expertise to do whatever we can to ensure a favorable outcome, whether that be by attempting to negotiate a settlement, representing you in court, reviewing court documents or communicating with other professionals such as doctors or social workers involved. Our family lawyers offer advice on all issues regarding family law and place particular emphasis on the well-being of children during this difficult process. Among other things, we offer advice on divorce, custody, access maintenance, child abduction, relocation and the implications of Brexit upon family law matters. 

Divorce in Ireland

Obtaining a divorce in Ireland is often a daunting and emotional process that has the potential to become very complicated and can take one or two years to complete. The complications relating to the divorce will be specific to each individual case, therefore it is important to have an expert at hand to guide you through the process. 

To qualify for a divorce in Ireland, the following must be met:-

1.You must have lived apart from your partner for at least two out of the three previous years.

2. The parties must be living separately and apart. There is no prospect of reconciliation.

3. You must have lived in Ireland for at least one year prior to the application being made or you are domicile in Ireland where the application is made.

Mediation

In an attempt to resolve matters amicably separating couples in Ireland are encouraged to attend mediation where a trained professional will aid the couple within the negotiation process in the hope an agreement with the best interests of everyone involved is reached. 

Terms of Settlement

If both parties are in agreement about the terms of their divorce, Terms of Settlement can be drawn up. This is a legally binding document specifically tailored to the separating couples circumstances and includes the agreement reached regarding issues such as custody, access, child maintenance, spousal maintenance, property distribution, lump sum payments and Pension Adjustment Orders. 

Given the complex nature of these agreements it is not uncommon for a separating couple to be unable to reach an agreement on all necessary issues and consequently, the matter will then go before the court. 

As is the case with all family law matters, all cases are held privately and the judge will make any decisions that the separating couple could not resolve between themselves. These matters often relate to custody, access, ownership of property, child and spousal maintenance and the termination of succession rights.

Child Custody 

The divorce process or breakdown of a long-term relationship can become even more difficult when there are children involved and their custody must be determined. At CMCG we understand the emotional turmoil this can cause and our family lawyers aim to make the process as easy as possible. 

Married couples are joint custodians and in most cases this does not change after divorce. The party with primary care and control will be held responsible for the day to day care and upbringing of the child. An agreement or a decision by the court will need to be reached with regards to what access the other parent is to have. 

In the case of unmarried couples however, the mother is the sole custodian. Nevertheless, the law does allow the father to apply for either joint or sole custody and the success of their application will depend on what the court deems to be in the child’s best interest. 

Child Maintenance

It is a legal requirement for the parent who does not primarily look after the child to pay maintenance up until their child is 18, or 23 if they are in full-time education. There is also no age limit on child maintenance if the child is deemed to have a mental or physical disability that will render them permanently dependent on care. 

This payment will go directly to the parent. The required amount will vary depending on the circumstances and the financial situation of the parent and will be a maximum of €150 per child per week in the District Court. In some cases parents are able to decide on the payment method and amount between themselves and no legal action is required. 

In many circumstances, it can be difficult to reach an exact figure and many separated couples require the aid of mediation or legal advice to reach a fair agreement. This agreement is then signed and approved by the court if it deemed fair. If the separating couple are still unable to reach an agreement they can apply for a maintenance order. The judge will make a decision based on the finances of both parties.

Brexit Implications

Following the end of the Brexit transition period on December 31st 2020, family law has become more complicated and individuals involved with UK citizens may be required to abide by regulations that differ to those imposed by the EU and it is worth discussing these implications with an experienced family law solicitor as certain family law disputes will be affected including divorce recognition, custody and access to children. 

CMCG Family Law Solicitors have a range of expert family lawyers to provide legal advice and support you through the difficult process. To book an initial one-hour consultation to help identify any issues and assess the options available contact us on:

Email: info@cmcgsolicitors.ie

Phone Number: +353 1 224 8585

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  • Posted by lambourndigital
  • January 24, 2022
  • 0 Comment(s)

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