Practice Area » Family Law

Family Law

This is a growth industry in Ireland and is governed primarily by The Judicial Separation And Family Law Reform Act 1989, The Family Law Act 1995 (dealing with Separation, Custody, Access, Maintenance, succession rights, pension rights and division of family assets) and the Family Law (Divorce) Act 1996 (dealing with final dissolution of the marriage).

When unhappy difference arise between a married couple, the law endeavours to provide a system that will separate the parties as equitably as possible. At all stages, it encourages the parties to negotiate by agreement. A Separation can be dealt with by agreement in a Separation Agreement or may be decreed by a Judge by way of Judicial Separation proceedings, generally in the Circuit Court. The legal effect of either is the same but it is always better if the terms can be agreed, as it is considerably quicker and cheaper than Court proceedings. It is also considerably less traumatic on the parties, and the children, than the stress of having to appear in Court.

The Family Law (Divorce) Act 1996 came into effect in February, 1997 and provides for the dissolution of marriage for couples who have been separated four years out of the five years prior to the issue of Divorce proceedings. Divorce can only be granted by a Court and only after the Court has considered that the welfare of the spouses and children of the marriage has already been adequately provided for under the headings of custody, access, maintenance, succession rights, pension rights and division of family assets.

Anyone applying for a Divorce must submit certain documents to the County Registrar. The Applicant must file :

  • an Application,
  • a sworn Statement of Means, this sets out the income, outgoings, assets and liabilities of the parties.
  • a sworn Statement of Welfare if there are any children, setting out the family circumstances of the family, health, education, accommodation etc. and
  • a document certifying that the Applicant has been advised of the alternatives to divorce.

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