Frequently Asked Questions
Before either of the parties commence Divorce proceedings they should consider attending Mediation initially, in which case a Mediator, who is an independent and impartial third party, will assist the parties in resolving conflict and reaching a settlement. The parties can seek advice from their legal representatives during Mediation, if they wish. If mediation does not work or the parties cannot settle the issues between them, then it is imperative that the parties consult with a Solicitor. Please call this office on 086 778 7444 for further information on Mediation.
In order to apply for a Divorce in Ireland the parties must be living separate and apart for at least two out of the last three years and not to be in an intimate and committed relationship. They can be living separate and apart under the same roof. The parties can apply to either the High Court or the Family Circuit Court for a Divorce decree. Once they have received the decree of divorce, they are free to marry again.
Please call this office on 086 778 7444 for further information on Divorce.
The parties may, if they wish, enter into a Legal Separation Agreement or Deed of Separation which, when signed by both parties, is a legally binding written contract.
It may be the case that the parties cannot reach an agreement where they agree to live separately, but may not have the grounds for a Divorce, and in this case they can apply to the Family Circuit Court or High Court for a decree of Judicial Separation which confirms that the parties do not have to live with one another any longer as a married couple, but they are still married. The parties can always attend mediation in advance to endeavour to settle the issues between them.
Please call this office on on 086 778 7444 for further information on Deeds of Separation or Judicial Separation.
A Co-Habiting couple is a couple who lives together in an intimate and committed relationship but are not married to one another. If you are a qualified co-habitant and were financially dependent on your former partner then you can apply for redress from the court such as a maintenance order, Property Adjustment Order and Pension adjustment order. The parties should consider attending mediation in advance of going to court.
Please call this office on on 086 778 7444 for further information on Co-Habitation.
If your marriage, civil partnership or relationship ends, you may be entitled to receive maintenance/financial support. The parties can endeavour to agree spousal support themselves or through mediation and failing which, they can apply to the family law courts for a Maintenance order. If maintenance is not being paid, as per the court order, it is open to the maintenance creditor to apply for arrears of maintenance and to seek to enforce the order. Maintenance can be varied by the court if either of the parties circumstance changes.
Please call this office on on 086 778 7444 for further information on spousal maintenance.
Maintenance is financial support paid by either the mother or father in respect of dependent children under the age of 18 or up to aged 23 years, when in fulltime education.
Maintenance applications can be made by either party to the Family District Court or the Family Circuit Court and a court can vary the maintenance order on the application by either party.
If maintenance is not being paid, either party can bring the other back to court for arrears of maintenance, and maintenance can be enforced in the Irish Courts.
Please call this office on on 086 778 7444 for further information on Child Access / Child Custody.
Access is the legal right of a child and an adult to have contact with one another. An application can be made to the family district or the family circuit court in more complex cases for an access order and if the parties cannot agree access, then the courts will decide. The Welfare of the child is paramount. If access is not being complied with, then the courts can impose an enforcement order. An application to vary access can be made by either of the parties, if their circumstances change. Grandparents and other members of the family may also make an application to the courts for access.
Please call this office on on 086 778 7444 for further information on Child Access.
A Legal Guardian is a person who has the legal authority to make decisions for, and to properly care for the child/children and to perform duties regarding a child’s upbringing.
Married parents are automatic joint Guardians of the dependent child/children. However, an unmarried father will automatically be a joint guardian, if he has lived with the child’s mother for 12 consecutive months and including at least three months with the mother and the child, following the child’s birth.
An application can be made by the father to the family law courts for Joint Guardianship of the dependent child/children.
A step-parent, or person who has co-habited with the parent for a minimum of three years, and has shared the responsibility for at least three years, may apply to court for Guardianship .
Please call this office on on 086 778 7444 for further information on Joint Guardianship.
Custody of the child or children means the day to day care and control of the dependent children. Married parents are automatic joint custodians. An unmarried father can apply to the family law courts to be appointed a joint custodian.
Please call this office on on 086 778 7444 for further information on Child Custody.
A safety order is an order of the court which prohibits the abusive person from committing further violence or threats of violence against the spouse, civil partner or a person who is not the spouse or civil partner, a parent or a dependent person. The respondent does not have to leave the house. An application for a safety order can be made to the family law courts and can be made for a period of up to five years.
Please call this office on on 086 778 7444 for further information on Domestic Violence.
Where on the application of a person for a safety order a court may make an interim protection order where the court believes that there is reasonable grounds for believing that there is an immediate risk to the welfare of a person or a dependent child. This order normally remains in place until the hearing of the safety application.
Please call this office on on 086 778 7444 for further information on Safety and Interim Protection.
The court can on application to it by a person make a barring order where the court is of the opinion that there are reasonable grounds for believing that there is a risk to a person or dependent child and the barring order requires that the abusive party must leave the family home immediately and prohibits the abusive party from entering the family home. A barring order can be made for up to three years.
Please call this office on on 086 778 7444 for further information on Safety and Interim Protection.
The court may, on the application for a barring order and if it is of the opinion that there is an immediate risk to the welfare of the applicant, between the application for a barring order and the actual hearing of the barring order, make an interim barring order directing the respondent to leave the family home and to prohibit them from re entering the house for a period of 8 days.
Please call this office on on 086 778 7444 for further information on Barring Orders and Interim Barring Orders.
