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| Family Law |
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| | The breakdown of a marriage is a very emotional and difficult time. The situation is made even more difficult where children are involved. | | | | Family law can often be a very complex area. There are a number of issues for consideration in order to achieve a conclusion that is satisfactory for both parties. | | | | Some of the important issues for consideration in the context of any separation are the family home, other assets, finances / maintenance, custody / access, pensions and succession issues. The welfare of children is of paramount importance. |
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| Separation can be achieved in three ways: |
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 | Mediation – A Mediator can assist a couple in reaching agreement in relation to the issues mentioned previously and this can then form the basis for a Separation Agreement. |
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| Separation Agreement – A Deed of Separation can be negotiated with the assistance of a Solicitor. A Deed of Separation is a legally binding document, which deals with present and future issues. The Deed is signed by both parties in the presence of their respective Solicitors. |
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| Judicial Separation – Judicial Separation is a separation through the Courts and a Decree of Judicial Separation is granted by the Court. This is the final option when both parties have not been able to reach agreement and therefore High Court or Circuit Court proceedings must be issued. There are certain criteria to be met in order for a Decree of Judicial Separation to be granted. |
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| Divorce: |
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| Divorce has been available since 1997. There are certain criteria to be met in order for the Court to grant a Decree. The important criteria are that the parties must have lived separate and apart for a period of at least 4 years out of the preceding five years prior to the institution of proceedings, there is no reasonable prospect of reconciliation and proper provision has or will be made for the spouse and dependent children. The grounds and criteria for Divorce can be discussed with the appointed Solicitor. |
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| It is extremely important to have the advice of a Solicitor in relation to family law matters. At Paul Kelly & Co, we are committed to providing a sensitive and confidential service and our primary objective is to deal with family law matters as expeditiously and amicably as possible. Our preferred course of action is meaningful negotiation, leading to settlement. It is important, where possible, that both parties keep the lines of communication open between them, particularly where children are concerned. |
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| An initial consultation is important for the purposes of providing advice to suit the individual needs of the client while taking into account the particular circumstances of that client. Each case is different, although the legal guidelines remain the same. |
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If you need to talk to us about any aspect of Family Law, contact Paul Kelly at 01 6243624 or email Paul at paul.kelly@pkelly.ie |
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| Media articles on Family Law matters: |
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| Area | Article | Source | Link | | Family Law | Navigating the legal avenues for protecting children at risk | The Irish Times
July 29, 2010 | Read Article | | Family Law | Adoption Authority to have independent status | The Irish Times
July 19, 2010 | Read Article | | Family Law | The legal quagmire that is surrogate parenting | The Irish Times
July 10, 2010 | Read Article | | Family Law | Partnership Bill 'a most important piece of legislation' | The Irish Times
July 2, 2010 | Read Article |
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| Useful Addresses: |
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| Organisation | Address | Phone | Website | | Legal Aid Board | St. Stephens Green House,
Earlsfort Terrace,
Dublin 2 | (01) 661 5811
| www.legalaidboard.ie | | Family Mediation Service | Block 1, Floor 5,
Irish Life Centre,
Lower Abbey Street,
Dublin 1 | (01) 872 8277
| www.fsa.ie | | Clanwilliam Institute | Clanwilliam Court,
Dublin 6 | (01) 676 1363 | www.clanwilliam.ie | Marriage & Relationship
Counselling Services (MCRS) | 24 Grafton Street,
Dublin 2 | (01) 872 0341 | www.mrcs.ie | | ACCORD (Formerly CMAC) | 39 Harcourt Street,
Dublin 2 | (01) 478 0866 | www.accord.ie | | Mediators Institute Ireland (MII) | 79 Merrion Square,
Dublin 2 | (01) 661 8488 | www.themii.ie | | Irish Association of Counselling & Therapy | 8 Cumberland Street,
Dun Laoghaire,
Co. Dublin | (01) 230 0061 | www.irish-counselling.ie |
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