Services / Family Law
Divorce / Separation
how we can help
Area of Expertise
If you have received divorce papers from your spouse’s lawyers or indeed if you are contemplating initiating divorce proceedings contact us for a consultation. We will offer you excellent legal advice regarding the consequences of Divorce. Once we receive your instructions we will take the necessary steps to ensure your best interests are brought to the fore. We understand that divorce is often a difficult and invasive procedure so we will make every effort to minimise the stress and expense.
Before a court can grant a divorce, the following conditions must be met:
- The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made.
- There must be no reasonable prospect of reconciliation.
- Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as children of either party or other relatives.
If you are contemplating getting a divorce or you have received divorce papers from your ex please contact us for a consultation. We will offer you excellent legal advice regarding the consequences of Divorce.
- Separation Agreements/Judicial Separation
A separation agreement is usually a precursor to Divorce but can also be used as an alternative to Divorce if you do not wish to go to court. If your marriage has broken down and you no longer live with your spouse you may decide to enter into a separation agreement. It will state that you and your spouse agree to live apart and will outline the various terms of separation.
In the alternative you can go to court to get a (judicial) separation. You cannot apply for a judicial separation when you already have in force a separation agreement which has been made an order of court. An application for a judicial separation must be based on one of the following six grounds:
- One party has committed adultery
- One party has behaved in such a way that it would be unreasonable to expect the other spouse to continue to live with them
- One party has deserted the other for at least one year at the time of the application
- The parties have live apart from one another for one year up to the time of the application and both parties agree to the decree being granted
- The parties have lived apart from one another for at least three years at the time of the application for the decree (whether or not both parties agree to the decree being granted)
- The court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for the decree.
The last is by far the most common ground on which the decree is granted, as neither party has to be shown as being at fault.
We provide advices in relation to custody and access arrangements between the parents as well as access applications on behalf of other family members pursuant to the recent amendments of the Guardianship of Infants Act, 1964.
We have extensive experience in spousal maintenance applications as well as maintenance applications for children.
We will provide with all the necessary advices and answer any questions you may have in relation to guardianship rights and advise you on the best option available to you in line with the Children and Family Relationships Act, 2015