In Ireland, divorce, and separation are perhaps the most emotionally charged areas of law that a client will ever find themselves dealing with and it is important that you choose family law solicitors solicitor who are both experienced and competent to deal with your case.

The Divorce & Separation services that we provide include:

Divorce

Family Law Separation Divorce Berwick Solicitors Galway and DublinObtaining a divorce in Ireland through the courts, allows both parties to a marriage to remarry or enter into a civil partnership. Once the court is satisfied that the required conditions are met, the court will grant the decree of divorce dissolving the marriage. When it grants the decree of divorce, the court may also make orders in relation to custody of children and access to them , the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights, etc.

The main difference between a divorce in Ireland and the other options below is that there is a legal requirement that in order to obtain a divorce, both parties have been living apart from each other for a period of 4 years out of the preceding 5 years.

In any application for a decree of divorce, the court can review any previous arrangements made by the parties such as a separation agreement or judicial separation particularly if the circumstances of either party has changed.

When a decree of divorce is granted, it cannot be reversed. Either party can apply to court to have any other orders made under the decree – such as maintenance – reviewed by the court.

Before a court can grant a divorce in Ireland, the following conditions must be met:

          1. 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.
          1. There must be no reasonable prospect of reconciliation.
          1. Proper arrangements must have been made for the parties and any dependent members of the family.

Judicial Separation (also known as a legal separation)

Family Law Separation Divorce Berwick Solicitors Galway and Dublin

When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party. This means that the couple is now legally separated but they cannot remarry unless they obtain a decree of divorce. In a judicial separation, the court must be satisfied that:

        • The grounds for the application for judicial separation exist as set out in the 1989 Act (e.g. adultery, domestic violence, etc.)
        • The couple has been advised about counselling and mediation.
        • Proper provision has been made for the welfare of any dependants.

If it is satisfied, the court will grant a decree of judicial separation. The decree confirms that the couple is no longer obliged to live together as a married couple. The court may also make orders in relation to custody and access to children, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, etc.

An application for a judicial separation is made either in the Circuit Court or the High Court. As in all family law matters, cases are heard in private and the public is not admitted to the courtroom.

Our partner in charge of Family Law, David Higgins, is an experienced family law solicitor and is a member of the Family Law Committee of the Law Society of Ireland.

Separation Agreement
A separation agreement is an agreement where both parties agree to separate from each other (either by themselves, through mediation or through negotiation by their legal representatives). The separation agreement normally deals with all the issues between the parties such as the family home, maintenance, access for children, custody of children, pensions, etc.

We pride ourselves on a rapid response to enquiries and providing a confidential service in respect of divorce and separation matters.

Our partner in charge of Family Law, David Higgins, is an experienced family law solicitor and is a member of the Family Law Committee of the Law Society of Ireland.

If you are looking for advice on a Family Law matter consult Berwick Solicitors Dublin. One of Dublin’s most experienced Family Law Solicitors. Dealing with Divorce, Legal Separation and Judicial Separation and other areas of Family Law in Ireland.

Divorce:

  • Family law solicitors Dublin
  • Family law Dublin
  • Family law solicitors
  • Specialist family law solicitors
  • Divorce law Ireland
  • Divorce lawyers Dublin
  • Legal separation Ireland
  • Separation agreement Ireland
  • Judicial separation Ireland
  • Irish family law
  • Advice on family law
  • Family law Ireland
  • Legal advice regarding divorce

If you are looking for advice on a family law matter, please contact:

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<div align="center">David Higgins</div>
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David Higgins

Partner

T: (091) 567 545 (Galway)
T: (01) 488 3322 (Dublin)
SMS: (086) 815 2932
E: davidhiggins@berwick.ie
</p>
<div align="center">Grainne McMahon</div>
<p>

Grainne McMahon

Solicitor

T: (091) 567 545 (Galway)
T: (01) 488 3322 (Dublin)
E: grainnemcmahon@berwick.ie

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