Divorce Solicitor Cork, Midleton and Dublin
Walsh and Partners LLP can provide a divorce solicitor in Cork, Midleton and Dublin, when a relationship or marriage breaks down. It is vitally important that you knowledgeable about your legal rights. For those who are seeking the dissolution of a relationship, there are some options that can be pursued. These include divorce, separation agreements and judicial separation. You may also have a necessity to pursue maintenance for children as well as custody and access agreements. Those who may not be legally married, also have rights as cohabitants under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act of 2010. For further information on your rights upon the breakup of a relationship, please feel free to contact a member of our legal team in Cork, Midleton or Dublin.
Solicitor for Separation in Cork and Midleton
In the main, the Judicial Separation and Family Law Reform Act of 1989 will cover the majority of family law and divorce cases in Ireland as well as The Family Law Act, 1995 and the Family Law (Divorce) Act of 1996. Where both parties agree upon important dealings like access to the children, possession of the family house, division of assets and maintenance, a separation agreement can be put in place by our team of family law experts without the requirement for court proceedings.
There are of course instances where both parties can not agree on all aspects of the separation agreement or in some cases only one party is agreeable to the separation. In these instances a Decree of Judicial Separation can be applied for through the court system. In order for a divorce decree to be issued and the marriage to be dissolved, both parties must be living apart for at least 4 of the previous 5 years. If both parties are seeking judicial separation, then this only requires one year living separately.
Divorce Solicitor Cork, Midleton and Dublin
The division of assets is one of the crucial issues that faces applicants when they consider a separation or divorce. In most cases the largest asset will be household property or land that was purchased during the relationship. The ‘family home’ is defined as a ‘primarily, a dwelling in which a married couple ordinarily reside” under the Family Home Protection Act of 1976. In order for either party to sell the family home, they must have consent from all parties with an interest in the home under this Act. This applies even in the event that the property is in the name of only one person. Express consent must be obtained by all interested parties prior to any sale.
Professional Divorce Solicitors Ireland
Upon Judicial Separation or Divorce, the courts have the capability to sell or transfer assets under what is called a Property Adjustment Order. Prior to the issue of an order, the court must establish that arrangements are made for all parties involved, including children of the couple. In some instances it may be necessary for the assets to be sold so that ‘proper provision’ is in place for both parties and any children. The sale of these assets will in most circumstances provide for the acquisition of another dwelling for spouses and any children.
Divorce Solicitors, Dublin and Cork
The needs of any children will be foremost in proceedings. These needs will be under consideration when the offspring are still legally classified as dependents. This means that proper provision will vary from case to case and will only consider the needs of children who are minors (under 18 or) if the children are still in education, then this age is raised to 23.
Separation and Divorce Law Firm, Cork, Midleton and Dublin
Prior to making any ‘proper provision’ decisions, the relevant court will consider all belongings of both parties and where necessary make a property adjustment order. In order to make this order, the court needs to know the following:
- Any succession rights that may be in place, are the children showing interest in the receipt of assets?
- Contributions made by both parties to these assets, e.g. mortgage payments.
- In some instances an order put in place for the division of assets may not be feasible, particularly where the value of the asset is significant (family home, land or business).
- Are there assets attached to a family business? If so, have both individuals played a part in the running of this business. Are party incomes dependent on the running of this business and the assets associated with it?
The team here at Walsh and Partners LLP would urge you to seek legal advice upon the breakdown of your marriage or long-term relationship. We are here to ensure your best interests and those of your children are protected at all times. Contact our expert divorce solicitors in our Cork, Midleton and Dublin offices.