DIVORCE SOLICITORS CORK DUBLIN
In the event where a relationship or marriage breaks down, it is vitally important that you are aware of your legal rights. For those who are seeking the dissolution of a relationship, there are a range of legal 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 or Dublin.
Divorce Solicitor Cork
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 matters such as access to children, possession of the family home, 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 terms of the separation agreement or in some cases only one party is agreeable to the separation. In these instances an application for a Decree of Judicial Separation will be made through the court system. In order for a decree of divorce to be issued and the marriage to be dissolved, both parties must have lived apart for at least 4 of the previous 5 years. If both parties are seeking judicial separation, then this only requires one year living apart.
Divorce Solicitors Cork and Dublin
The division of assets is one of the key issues that faces applicants when they consider entering into a separation or divorce. In most cases the largest asset will be the family home 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 home is in the name of only one party. Express consent must be obtained by all interested parties prior to any sale.
Divorce and Separation Advice Ireland
Upon Judicial Separation or Divorce, the court has the power to sell or transfer assets under what is known as a Property Adjustment Order. Prior to the issue of such an order the court must ensure that provision is made for all parties involved, including children of the couple. In some instances it may be necessary for the assets to be sold in order for ‘proper provision’ to be made for both parties and any children. The sale of these assets will in most circumstances provide for the purchase of an alternative 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 considered whilst 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 under the age of 18 or if the children are still in education, then this age is raised to 23.
Separation and Divorce Solicitors, Cork and Dublin
Prior to making any ‘proper provision’ decisions, the court will consider all assets of both parties and where necessary make a property adjustment order. In order to make this order, the court needs to be aware of the following:
- Any succession rights that may need to be considered, are the children interested in the receipt of assets?
- Contributions made by both parties to these assets, e.g. mortgage payments.
- In some instances an order 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 parties contributed to 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 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 and family law solicitors in our Cork and Dublin offices.