Divorce Lawyer Ireland - Liston Family Law

Divorce Lawyer Ireland - Liston Family Law Liston Family Law helps clients navigate their way through separation and divorce.

It is usually in the interests of both parties, with the help of a family law solicitor, to draw up a separation agreeme...
23/12/2022

It is usually in the interests of both parties, with the help of a family law solicitor, to draw up a separation agreement that both parties can agree on as this will avoid having to put any decision in the hands of the courts. A decision from the courts can be a very crude instrument and can leave both parties feeling cheated.
Figuring out whether it is going to be better to divorce or separate can be a very difficult decision. No two cases will be the same and deciding on what is going to be the correct decision can present many different obstacles and issues that will need to be considered. This is why it’s vitally important that you seek the advice of a divorce lawyer who can help navigate you toward a satisfactory outcome.

Judicial SeparationIf you are unable to agree to the terms and conditions with your partner, you can seek a separation b...
22/12/2022

Judicial Separation

If you are unable to agree to the terms and conditions with your partner, you can seek a separation by Order of the Court. There are a number of grounds upon which you can apply including that you have lived separately and apart for a period of one year or you cannot reasonably be expected to live together, or the other person has committed adultery.

It is very important that you seek the advice of a family law solicitor as they can help ensure that you receive the best result possible. It is difficult to vary the terms of a Judicial Separation if one of the parties later seeks a decree of Divorce.

When it comes to Judicial Separation proceedings, the central issues usually revolve around access to children and financial arrangements. Both parties will be seeking a division of the assets in a way that they feel is fair to their input to the marriage. A further complication could be if there are any assets in a company or business.

In the best-case scenario, you and your partner will be able to negotiate a Separation Agreement. A Separation Agreement...
20/12/2022

In the best-case scenario, you and your partner will be able to negotiate a Separation Agreement. A Separation Agreement will allow you to set out the terms under which your separation is set under.

For example, a separation agreement will lay out the terms in areas such as:

1. Access to children
2. Maintenance
3. Division of property and assets
4. Inheritance

The benefits of a Deed of Separation are that it covers the majority of the practical matters and the parties have worked together to reach that agreement so tend to be more satisfied with the outcome.

In most cases, a Separation Agreement cannot deal with pensions, and these can oftentimes be one of the biggest assets in the marital pool. It is also not a Court Order which people often want; it is a private agreement between two people.

When a relationship with a partner completely breaks down and you are seeking a separation there are two types of separa...
19/12/2022

When a relationship with a partner completely breaks down and you are seeking a separation there are two types of separations that can be obtained:

A Deed of Separation
A Judicial Separation
A couple can enter into a legal separation at any time. However, a legal separation will not change your marital status. Whilst you may be living separately you will not in the eyes of the law be legally separated. The benefit of a legal separation is that it can be attained at any time, unlike a divorce which takes many years. You cannot apply for a divorce until you have been separated for two out of the three years before you apply for a divorce.

These agreements are essentially a contract between spouses and are not filed with the Court. They will, however, be con...
16/12/2022

These agreements are essentially a contract between spouses and are not filed with the Court. They will, however, be considered by the Court if the parties later decide to seek a decree of divorce. It is important, therefore, that the Deed properly sets out the agreement between the parties.

As a Deed of Separation is not a Court order, if either party has a pension, the pension trustees are not bound by the terms of a private contract. It would be important to get legal advice as to whether your pension can be properly dealt with in the Deed.

A Judicial Separation is a Court ordered separation, needed when a couple cannot agree on the terms of their separation ...
15/12/2022

A Judicial Separation is a Court ordered separation, needed when a couple cannot agree on the terms of their separation or where they have agreed but they wish to properly deal with pensions. You can commence proceedings one year after separating. This does not mean you have to physically live apart for one year, but the marriage needs to be over for a year before applying. It is possible to apply sooner based on the misconduct of the other party.

The Court must be satisfied that the criteria are met (including time spent apart). While the parties can agree everything and proceed on consent, the Court must be satisfied that proper provision has been made for each party and any dependents. Full financial disclosure must also take place through sworn Affidavits of Means.

You will not be able to apply for a Judicial Separation if you already executed a Deed of Separation.

A Deed of Separation is a good option if you both largely agree on the terms of the separation. It is a legally binding ...
13/12/2022

A Deed of Separation is a good option if you both largely agree on the terms of the separation. It is a legally binding contract that sets out both your rights and responsibilities toward the other person and covers things like access, maintenance, the family home and any other property.

Usually, both parties would instruct a solicitor. One solicitor will draft the Deed on behalf of their client and then the other solicitor will review it. Each person should provide a vouched Affidavit of Means which sets out their financial position before they sign the Deed.

When separating, some couples would like to put in place a framework to cover matters such as custody and access, mainte...
12/12/2022

When separating, some couples would like to put in place a framework to cover matters such as custody and access, maintenance and family finances, the family home and pensions.

There are two options available to a couple who are separating which depends on how long they have been separated, namely, a Deed of Separation or a Judicial Separation.

If you have any questions in relation to “how much is child maintenance in Ireland” you should contact us and let a fami...
09/12/2022

If you have any questions in relation to “how much is child maintenance in Ireland” you should contact us and let a family law solicitor guide you towards a solution.

Once a court makes a judgment in respect of child maintenance it can be extremely difficult to vary it and this is why you should always seek professional legal advice.

The court will consider all aspects of the case, including the income of both parties and maintenance responsibilities t...
08/12/2022

The court will consider all aspects of the case, including the income of both parties and maintenance responsibilities they may have towards other dependents. Some of the expenses that a court will factor into any judgment include food, education, accommodation, medical, transport, clothing and any other expenses that may be deemed to be related to the child.

One of the ways you can figure out how much child maintenance should be paid is by sitting down and writing down the expenses that are incurred every week in respect of your child or children including any schooling or medical expenses.

Under Irish law both parents have a duty to financially maintain their dependent children up to the age of 18, or up to ...
06/12/2022

Under Irish law both parents have a duty to financially maintain their dependent children up to the age of 18, or up to the age of 23 if the child is in full time education. In many cases, informal arrangements are made between parents but if this is not possible mediation is one route to try and reach an agreement.

If an arrangement can’t be reached informally or via mediation, then an application can be made to the court who will examine the family finances and make an order in respect of maintenance.

The District Court can award up to €150 per child per week. The District Court may also make a lump sum award of up to a...
05/12/2022

The District Court can award up to €150 per child per week. The District Court may also make a lump sum award of up to a maximum of €15,000.

If you are seeking maintenance sums greater than these you will have to make an application to the Circuit Court.

It is important to be aware that just because one parent is ordered by the court to pay maintenance this does not give a parent any access rights or guardianship rights. Maintenance and access are two distinct matters.

Court ordered maintenance is usually paid through the District Court office for the first 12 months to make sure it is being paid as ordered. If payments are missed, a breach of maintenance summons may be issued by the court which can lead to imprisonment if the arrears are significantly high.

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http://www.consentdivorce.ie/

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