Family Law Solicitors
Practicing family law requires managing client expectations, understanding the client’s needs, and always finding solutions within a practical and non-confrontational environment at all times.
It is important for family law solicitors to understand that it may not always be easy to find a solution since family law can be a complicated and emotive process and must always be approached professionally at all times.
It is always our recommendation that our clients find a solution to their marital difficulties as quickly as possible to ease the burden on themselves and their children, and to reduce the cost of litigation.
If you would like to learn more about our services, call us now at +353 (0)1 264 555 to speak to a member of our team.
Separation
Separation Agreement
It is a document that can be drawn up and executed by parties to a marriage after it has broken down, in order to settle the terms of the separation without resorting to family law courts.
The deed of separation and family law will contain a clause agreeing to live apart, and will then also include provisions for custody, visitation rights, maintenance, division of property, and succession rights. Both parties should sign the agreement for it to be deemed valid.
Our solicitors can provide legal advice on the terms of your separation agreement. And should you require, our professional solicitors can also draft a separation agreement after both parties have attended mediation, based on their agreed terms.
Judicial Separation
According to the Family Law Reform Act 1989, a court may grant a decree of judicial separation if the parties cannot agree on a separation agreement.
Judicial Separation can only be granted on one or more of the said six grounds listed below:
- The respondent has committed adultery
- The respondent has behaved in such a way that the applicant is unable to live with them anymore
- The applicant has faced desertion by the respondent for at least one year from the date of the application
- Separation between the spouses has been ongoing for at least one year immediately preceding the date of the application, and the respondent consents to a divorce decree
- In the three years immediately preceding the application date, the spouses have lived apart continuously.
- As a result of the breakdown of the marriage, the court is satisfied under all the circumstances that a normal marital relationship has not existed between the spouses for at least one year prior to filing the application.
We can advise and assist you as to how to start the process for filing for judicial separation and provide practical but empathetic advice and support, throughout the court proceedings.
Divorce
The Family Law (Divorce) Act 1996 is a piece of legislation in Ireland that governs the process of divorce. Prior to the passage of this act, divorce was not legal in Ireland, and separation was the only option for couples who wished to end their marriage.
We at Gibson and Associates LLP can provide advice on all aspects related to divorce. And it is also possible to apply to the Court for orders dealing with access, custody, maintenance, division of property rights, succession rights, and pension adjustments.
The following conditions must be met, before a grant for divorce is provided by the court in Ireland:
- The respondent and the applicant must be living apart for two out of three years before filing for divorce
- There mustn’t be any reasonable prospect of reconciliation
- There must have been or will be proper provisions made or to be made for the spouse and any dependent family members, such as children.
Our expert divorce solicitors in Dublin and Letterkenny can advise and assist you on how to start the process by filling the enquiry form below and one of our experts will reach out to you to discuss your case.
Family Law - areas for consideration
Mediation
Mediation is a form of alternative dispute resolution that is commonly used in family law cases in Ireland. The aim of mediation is to help parties resolve their disputes in a more collaborative and less adversarial way, and to avoid the need for court proceedings. The conflict between the parents causes this sense of loss to be exaggerated by the level within children.
Mediation is a voluntary process, and parties are free to withdraw from the process at any time. However, if a settlement is reached through mediation, it can be made legally binding by having it approved by a court. Overall, mediation can be a cost-effective and less stressful way to resolve family law disputes, and is often seen as a positive alternative to court proceedings.
Collaborative Law
In a collaborative law process, each party is represented by their own collaboratively trained lawyer. The parties and their lawyers then work together to reach a settlement that is acceptable to both parties. The process typically involves a series of meetings where the parties and their lawyers work together to identify issues, gather information, and negotiate a settlement.
Property and Maintenance
Property and maintenance provision are important aspects of family law. The Family Law Act 1995 sets out the legal principles that are used to determine the division of property. These principles include:
- The need to provide for the welfare of any dependent children
- The contribution of each spouse to the acquisition and maintenance of the property
- The income, earning capacity, and financial resources of each spouse
- Any other relevant factors
In terms of maintenance, the law in Ireland provides for the payment of maintenance by one spouse to the other in certain circumstances. The Family Law Act 1995 sets out the legal principles that are used to determine the amount of maintenance that should be paid. These principles include:
- The income, earning capacity, and financial resources of each spouse
- The financial needs and obligations of each spouse
- The standard of living enjoyed by the spouses during the marriage
- Any other relevant factors
Our litigation team is here to help you no matter where in Ireland you’re based.
Daireann Gibson
Amanda Walsh
Niall McMonagle
Sinead Shaw
Jessica McGrath
What our clients say
I would highly recommend Gibson & associates solicitors, Sinead Is amazing to work with and always updates you with everything, I’m so happy how less stressful Sinead has made for me and appreciate all her efforts. Thank you for everything
Paige Bardin
DRM
Gibson and Associates were extremely helpful and communicative for the business matter I hired them for. Their staff was a pleasure to work with in every regard, and I would absolutely work with them again. Highly recommended!
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