Divorce and the Law (Straightforward Guides)
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We will discuss your circumstances and needs including which of our options is the most suitable for you at an initial meeting. The first thing to do is to contact us to discuss all of your options. Remember, divorce or dissolution may not be the only outcome. You can help us by not signing any papers connected with your divorce, your business, your finances or your children before you speak to us.
You can book a meeting online , complete our online divorce enquiry form or contact one of our Family and divorce team. The agreement is entered into by the people intending to marry. Generally an agreement will deal with what the parties want to happen to their property and finances in the event of the breakdown of the marriage or divorce. Pre-nuptial agreements have been given greater recognition in divorce proceedings in recent times and are no longer the preserve of the rich and famous. For more information take a look at our legal guide What is a pre-nuptial agreement and should we make one?
Domestic abuse can affect many family relationships, whether between spouses, civil partners or relatives. We have a number of solicitors who are experts in this area of the law and will be able to provide you with quick and confidential advice about your options.
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If you feel unable to remain in your home and the situation is urgent we can advise you on finding safe accommodation. The police have specialist domestic abuse units and will respond immediately to requests for assistance. The Courts also have wide ranging powers to protect the victims of domestic abuse and their children and we can help you to obtain an injunction from the Court to protect you, if necessary.
Our legal guide Injunctions relating to abuse and violence in the home provides more information. There is no such thing as a common law spouse and therefore, often, couples who are unmarried are left in a very difficult situation. Whilst there are no formalities to ending your relationship there may, however, be other issues relating to children or finances that you need our help with. These might include ownership and occupation of property; financial provision for children; parental responsibility and inheritance.
Couples who plan to live together but not marry should consider a Cohabitation Agreement. If there is a dispute over property or assets then further advice should be sought from a solicitor. We offer a range of fixed fee divorce packages.
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Ok, got it! My relationship has broken down, I am not sure what happens next? What about my children? What about the house? What will happen to my pension if I get divorced? I have always earned a lot more than my Spouse, will I need to financially support my Spouse after we are divorced? What will happen to any inheritance?
How much will it cost? What do I need to do first? What is a pre-nuptial agreement and should we make one? My partner is violent, what can I do? Get in Touch Call your local office Send us an email Request a call back. Divorce Solicitors. Divorce Legal Guides. What happens to your family business when you get divorced? Converting Civil Partnership to same sex marriage Ending your Civil Partnership Injunctions relating to abuse and violence in the home.
How to get a divorce: A step-by-step guide
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Get in Touch. What would you like to discuss? Catholics who were validly married in church and subsequently obtain a divorce may not marry another partner in a Catholic church while their first partner is still alive. Anyone who may wish to do so, for religious or family reasons, should inquire from the local diocesan office about the possibility of obtaining a Church nullity. The Divorce Act requires that the couple must have lived apart for at least four of the five years before proceedings are issued.
During the referendum campaign, Government ministers seemed to suggest that a couple could be living apart if they were under the same roof but not sleeping together. That will have to be tested through the Courts. If that poses problems, take expert advice. Reconciliation has presumably already been tried and failed. Mediation, possibly through the State-funded Family Mediation Service, means sorting out all the contentious issues before or instead of going to Court. A separation agreement is a legal document, agreed by the couple and signed by each of them.
It can be made legally enforceable. Most applications will be made to the Circuit Court, but the more difficult cases or the ones involving a great deal of money will be dealt with by the High Court. There may be as many as 60, people in Ireland waiting to lodge applications for a divorce.
If they all apply at once, the system will collapse. As it is, efforts are being made to provide extra judges, more courtrooms, additional lawyers — with all the back-up facilities that will require. But you may still have to wait many months before your case comes up for hearing. In the meantime….
But if not, either spouse is entitled to apply for interim remedies including orders for periodical payments maintenance , custody of children, safety or barring orders and an order entitling one spouse normally the wife with any children to sole occupancy of the family home. Try and resolve the main issues before you arrive in Court.
Try and agree what to do with the family home. One common solution is for the wife to remain in the home until the youngest child is 18 or has ceased education, and then for the house to be sold and the proceeds split on an agreed basis. But the Court may rule that either parent is unsuitable to have custody. Try and sort out the financial position: maintenance, pensions, inheritance.
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Normally the working spouse will make periodical payments for the spouse who stays at home with the children. If there are no children and the couple are both working, they may wish to remain financially independent from one another. But, whatever the couple may decide between themselves, they cannot legally contract out of their right to seek more money from the other partner, even after a divorce. Any deal giving away or selling property within three years of a divorce, with the intention of depriving the other partner, may be invalidated by the Court.
If everything has been worked out in advance, the hearing should be reasonably brief. Irish divorce is not fault-based so, if a couple have fulfilled the legal requirements, either partner is entitled to a divorce, however badly they may have behaved. But, when the Court makes financial or property orders, it is entitled to take into account the conduct of either spouse, if it would be unjust to disregard it.