Family law is the area of law that focuses on issues involving family relationships such as marriage, legal separation, divorce, and child custody.
Family law is a highly sensitive area and each individual will require independent legal advice tailored to their own situation. Any person experiencing relationship breakdown should always take independent legal advice on the issues effecting their particular circumstances.
The breakdown of a marriage, civil partnership or a relationship can be one of the most traumatic times in a person’s life. Whether you are seeking a divorce, dissolution of a civil partnership or judicial separation, as specialist family law solicitors, our aim is to guide you through the process with as little stress as possible and ensure you are fully aware of your rights and responsibilities regarding finances, assets and the welfare of your children.
We strongly believe in working to resolve family cases through fair and amicable negotiation without going to court, however, if this is not possible we have the resources to meet contentious cases head on and are experienced in all forms of legal proceedings to achieve a satisfactory resolution.
Should you find yourself experiencing a marital or relationship breakdown, it is important that you seek professional advice from a family law solicitor as soon as possible in order to establish what your next steps might be.
At Berwick Solicitors, we have extensive experience in dealing with all family law matters and open and ongoing communication with clients is a key part of our service standards.
We understand that your family law matter will affect every aspect of your life and being kept up to date on the status of your matter is crucial to you successful navigating the legal process. Similarly, we understand the costs involved in legal matters can cause additional stress and we will be up front with you in terms of the fees we charge and, where possible, provide a fixed fee for our legal advice.
Divorce & Separation
If your case is very straightforward, no pensions are involved and everything is agreed between you and your spouse before seeking our services, then it is likely that your costs for a divorce or legal separation will be very reasonable. The more complicated and time consuming your case is, the more it will cost. Every case is different. At our first meeting, we give our clients an estimate of the likely legal costs based on the various scenarios which might occur. We believe that legal costs should be transparent and that clients should be kept updated on legal fees at all stages of proceedings. Unlike some firms, we do not believe in litigating cases simply to drive up legal fees. Where cases can be settled and it is in your best interest to settle, we will advise you to do so. It is, of course, always your decision as to whether to settle or not. We believe in bringing value to clients and achieving an excellent result so that clients can get on with their lives.
If early agreement is not possible then your costs will increase. Going to court will increase costs further. While some cases are straightforward, many cannot be resolved with a settlement meeting or entering into communication with the other side.
If you are divorced you are free to marry again. If you are separated you are still married and cannot remarry. However, a legal separation is important as it deals with all the financial issues and means that you can get on with your life relatively soon after your marriage has ended. Otherwise, you must wait 4 years after the marriage ends before you can seek a divorce.
No, once you are four years separated you may start divorce proceedings.
Mediation is where an independent third party helps both parties come to agreement about difficult issues such as custody and access to children, division of assets, maintenance payments and pensions. The aim of mediation is to help the couple resolve matters in a constructive way so that the interests of both parties and in particular those of their children are met. If a couple can reach agreement in mediation, those terms can then form part of a consent agreement. This can then save couples thousands of euro in legal fees where they can reach agreement.
Under the law there is no obligation on either party to have a solicitor when seeking a divorce in Ireland. However, in cases where divorce is contested or there are issues over assets, or arrangements concerning the children then it is advisable to seek legal advice before bringing an application. Even if you have decided you do not want to retain a solicitor, it is best to seek legal advice. We often come across clients who have drafted their own legal papers and consent terms many years later and there have been difficulties in same.
Therefore, we recommend that at the very least that you have each party get a solicitor to review the terms of separation or divorce before you agree to same. Pensions are highly complex and it is important to seek advice on these before pension adjustment orders are made. Remember that in a DIY divorce you are responsible yourself and if it goes wrong the consequences rest with you alone. It is always advisable to seek the advice of a family law solicitor and/or family law barrister first.
In Ireland, the current system does not allow applicants to file online for a divorce. You must submit the paperwork through the Circuit Court office.
Divorce hearings take place at the local court.
There are thousands of people in Ireland waiting to lodge applications for a divorce or judicial separation. As it is, efforts are being made to provide extra judges, more courtrooms, additional lawyers. As a result, you may still have to wait many months before your case comes up for hearing. In addition, should your spouse try and drag their feet during the process or delay things, that can impact on the time it takes to get a divorce or separation.
However, where there is a good chance of settling a case or where the terms have been agreed between the parties, the process can move quickly. We believe in moving things along as swiftly as possible to avoid hefty fees for clients. A fully contested divorce usually takes on average approximately 9 months. Where the parties are not contesting the divorce but merely working out financial arrangements and child arrangements, then 6 months is more common.
Yes, anyone who resides in the Republic of Ireland can file for a divorce in Ireland.
While waiting for a divorce or judicial application to be heard, clients usually want to get on with their lives. For those who are long estranged, very often things can be amicable or the process can move along in the background. For those who are living together or where there may be maintenance, access or domestic violence issues, either spouse is entitled to apply for interim remedies including orders for periodical payments (maintenance), custody of children, safety or barring orders and an order entitling one spouse (normally the wife with any children) to sole occupancy of the family home. We can advise on all aspects of this.
Often when discussions about divorce arise, there is an assumption that the family home is the biggest asset and parties to a divorce may place a major focus on the family home. However, in reality, and certainly given property market values of the past few years, a pension may be the most valuable asset.
Typically the parties and the courts will deal with the pension itself, the pension lump sum, spousal death in service benefits and spousal death in retirement benefits. It should be noted that if one spouse has a substantial pension and the other spouse has none, perhaps because he or she worked in the home, the court can order that part of the spouse’s pension be paid to the other spouse or to a dependent child. Alternatively, part of the pension fund could be split and put into another pension fund in the name of the second spouse. This is known as a pension adjustment order.
Some clients, particularly those working for government organisations or large companies where there are often good pension plans in existences, may find that they have sizeable pensions worth significantly more than the family home. In such cases, those clients may look to protect their pension in the division of assets. Indeed, there are cases where, as part of a divorce settlement, a spouse has kept the pension and given the other spouse the family home.
The courts attempt to separate the parties in as fair a manner as possible and try to insure that proper financial provision has been made for both the children and the parents. Before making a pension adjustment order, a court will consider all of the finances available to the parties and if it refuses to make a pension adjustment order, it may decide to reflect the value of the pension fund in the division of other marital assets.
Once granted, a pension adjustment order is then served on the trustees of the pension scheme who will then amend the pension in favour of the other spouse.
The danger in not dealing properly with pensions during a divorce is that the problem may not become apparent until such time as someone retires. There have been cases where parties have divorced and remarried, yet when one party retires, it transpires that their former spouse and not their new spouse is the person entitled to the pension or the death in retirement benefit.
As pensions are very complex, it is strongly advised to consult with a solicitor and a pension specialist before negotiating any family law settlement.
The Court hearing is in private and only the parties to the judicial separation or divorce are allowed into the courtroom with their legal team. If there is a consent agreement / everything has been worked out in advance, the hearing is usually brief. If the cases goes to full hearing i.e you cannot agree the terms of the separation or divorce, you will be both asked to give evidence and you may be cross examined. You must disclose all evidence and swear on oath. Ireland operates a no-fault based jurisdiction so, if a couple have fulfilled the legal requirements, either partner is entitled to a divorce, however badly they may have behaved.
It depends on the type of case and the circumstances. If there are complicated issues regarding property, access, pensions or maintenance in a divorce or judicial separation, it is usual that a barrister will be retained in a case. Your solicitor will advise you on the facts of your case. In cases where there are complex issues even the most experienced of family law solicitors will bring an experienced barrister on board. You should seek a divorce solicitor who regularly works in the area of family law so that you obtain the best advice possible. This will give you an indication as to how technical the area can get.
It is advisable to consult with a family law solicitor to obtain advice. A divorce should always be the last resort.
Thank you for all your work throughout this process.
Berwicks Solicitors made a difficult situation easy to deal with and have always been available to explain anything.
I wish David and the staff continued success in the practice. I won’t hesitate in returning in the future should I need any legal advice and would be happy to recommend the service based on my own personal experience.
They made a very difficult process easier by guiding me through the process, providing information clearly and promptly and supporting me in a professional and respectful way.