Deciding to separate or divorce is a difficult and emotional time that is often distressing. For many the process that lies ahead is daunting. You are likely to be concerned about resolving financial issues. There can also be additional issues such as protecting your children’s best interest and domestic violence. It is therefore vital to seek Divorce Solicitors’ legal advice from an experienced family law solicitor as soon as you can so that you are fully informed of your options and rights going forward.
Having an expert to rely on will minimize the stress and worry associated with your divorce and will help you focus on your family and future.
We adopt a constructive and practical approach to resolving family issues. We aim to provide you with an effective service that will keep you fully informed which minimizes delays resulting in a more cost-effective approach for you.
When parties separate and have reached an agreement, they can enter a Deed of Separation which outlines the terms of the agreement reached. It is a legally binding contract signed by both parties. It is drafted to suit the individual’s needs of the separating couple and will detail the future arrangements in relation to issues such as finances, property, and child arrangements.
Entering a Deed of Separation is not always suitable for couples who have reached an agreement for example if they wish for the issue of pensions to be resolved. Where pension adjustment orders are to be made in favor of the other party, a court order will be required to implement these so entering a Deed of Separation would not be the appropriate route.
In many circumstances, couples cannot agree to the terms of which by the separate and therefore apply to the court for a Decree of Judicial Separation in Ireland. They can apply if they have grounds to do so, the most common being that you have not had a normal marital relationship for over one year.
The Decree of Judicial Separation confirms that the couple is no longer obliged to live together as a married couple.
The ground to issue divorce proceedings is that you must be living apart for 2 out of the last 3 preceding years and there is no prospect of a reconciliation. Divorce in Ireland can proceed by way of an agreement reached between the parties or alternatively if there is no agreement a contested hearing will be listed to resolve the issues between the parties. This means the Judge will make a final order in relation to the issues in disputes such as children and financial matters.
It is important to note that contested divorces can be settled out of court. This is quite common and is where the parties initially disagreed but come to an agreement with the help of their legal teams without the need for a contested court hearing to settle the matter.
It is therefore strongly advised that if you have separated or you are simply considering a separation/divorce to seek initial legal advice to understand your legal rights, the options available to you, and the costs.