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Category: Divorce & Family Law

Home / Divorce & Family Law
19th November 2019
Personal Injury / Accidents (Litigation), Divorce & Family Law

Maintenance & Child Support

Maintenance

There is a responsibility on parents to provide proper maintenance, which is financial support for their children in accordance with their own income and the child’s needs.

If an informal agreement is not reached, a parent may apply to the Court for a maintenance order which sets out the amount of the maintenance and whether it is then paid periodically (monthly or weekly). A spouse can also apply to the Court for financial support from their spouse in certain circumstances. Our team offers specialist advice to clients on the entitlement to maintenance and the legal limits on such payments. We will also make the application on your behalf, whether it be for a new Court order or the variation of an existing order, if there has been a substantial change in circumstances.

Our team is committed to finding the best solution for our clients and any children involved in these delicate family law matters. We offer both flexible pricing and fixed fee options across all of the above matters to help alleviate the stress of what is often a difficult time for all concerned parties.

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    19th November 2019

    Guardianship, Custody & Access

    Guardianship

    Our expert team is very experienced in dealing with sensitive family law proceedings involving children, including Guardianship applications.

    A Guardian will have certain rights and responsibilities to make decisions on their child’s upbringing. While married parents are automatically joint guardians of their children, a father who is not married to his child’s mother does not have automatic guardianship rights to their child.

    The unmarried father must satisfy certain legal criteria and make the relevant Court application to be appointed a joint guardian.

    Custody

    Custody is the term used to describe the day to day physical care and control parents have of the upbringing of their children.

    Our team offers sensitive legal advice to separated parents who may be seeking sole or joint custody of their children. We will guide you through a Court application, if this route is required, in which the Court’s primary consideration will be the welfare of the child in question.

    Access

    A parent who does not obtain custody of their child is generally entitled to apply to the Court for access to their child, if an agreement cannot be reached between the parents.

    In the same manner as other family law matters involving children, the Court will determine the application based on the best interests of the child, and will usually grant an order for access unless there is a serious reason in which it should not be granted. We advise both guardians and non-guardians on any prospective Court application for access, and the likely terms of such an order.

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      19th November 2019

      Divorce

      Divorce

      In order to obtain to a divorce in Ireland, an individual must be living apart from their spouse for two out of the last five years and there must be no reasonable prospect of reconciliation. We guide our clients though the initial mediation and negotiations with their spouse through to the Court proceedings.

      Our Family Law team is very experienced in advising clients on the implications a Divorce can have on their assets and their legal rights, and any additional Court orders which could be granted relating to their property, pension or custody/access of the children.

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        19th November 2019

        Separation

        Separation

        Our firm’s primary aim is to avoid conflict in delicate law matters and to try to reach amicable solutions through negotiation and mediation. If this is not possible, and as a last resort, it may be necessary for both parties to go through Court proceedings, such as obtaining an order for Judicial Separation.

        Such an order will mean that the two parties are still considered spouses however they are no longer obliged to live together. If this is the case, our team of solicitors will advise you on the legal grounds that must be satisfied in order to initiate these proceedings and offer you support at every stage of the process.

        Alternatively, there is the option of entering into a Separation Agreement, which may be a viable option to certain clients where proceedings are not yet being considered. Our team has a wealth of experience in drafting Separation Agreements, which would cover issues such as custody and access, maintenance and the division of family property.

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