Family Law
The breakdown of a relationship is one of the most stressful events in your life. We hope that we can make things a little easier for you by giving you all the help you need to fully understand the legal and practical consequences of the breakdown of your relationship. We will help relieve some of the uncertainty of your very difficult situation.
We will work closely with you to reach a satisfactory resolution. Our aim is to resolve matters amicably. If that is not possible we will assist you with the court process.
We will advise and guide you through every step of the court process. In matters involving guardianship, custody and access, we are sensitive to the needs of children and work towards a resolution which will minimise the impact of litigation upon them.
Helen Coughlan heads our Family Law Department and she is a qualified mediator and collaborative practitioner. She also has extensive experience in litigating family law matters through the courts.
What we provide is superior specialised service which we make as as cost-effective as possible. A Divorce or Judicial Separation may involve complex legal, pension, tax and financial issues and we call on a panel of experts (including barristers, accountants, tax advisors and pension consultants) to assist us where necessary to represent our client's interest.
The main areas of our family law practice include:
- Separation Agreements
- Judicial Separation
- Divorce
- Mediation
- Collaborative practice
- Co-habitation and non-marital relationships
- Maintenance
- Children - guardianship custody, access
- Recognition of Foreign Marriages
Separation Agreement. This is a legally binding document which sets out the terms on which a separating couple will live apart after their marriage has broken down. It will make provision for division of the marital assets such as the family home. It will also provide for custody, access, maintenance and succession rights. The agreement is drafted by the solicitors involved and signed by both parties.
Judicial Separation. This involves an application to court where a judge will adjudicate on the separation and will make orders in respect of property, custody, access, maintenance and pensions.
Divorce. This is an application to court similar to that in a Judicial Separation case However, it differs in that it gives people the right to remarry. A couple must be living apart for a period of four out of the last five years before applying for divorce. The Court can find that they have been living apart but under the same roof.
Mediation. This is a method of Alternative Dispute Resolution. An independent mediator assists the parties to come to a voluntary settlement. It offers participants the opportunity to negotiate their own settlement which may be more flexible than court judgment.
Mediation is a confidential process and non-adversarial in style. It is driven by the parties and undertaken in good faith as a means of resolving their differences A mediator is neutral, does not offer legal advice and does not adjudicate the rights or wrongs.
If agreement is reached, it is generally put in legal form in a Separation Agreement.
Collaborative law. This is a new development which offers separating couples an alternative method for resolving family disputes. The aim is to resolve issues in a positive environment where the emphasis is on reaching a resolution that will work for everybody. It is a four-way process where the separating couple sits down with their solicitors and everybody strives to achieve a resolution that will benefit the whole family. For further information on collaborative practice check out www.collaborativesolicitors.ie
Maintenance. When a relationship breaks down maintenance may have to be paid by one of the parents/spouses to the other. The level of maintenance depends on the income and needs of either parent and children. Children under 18, or 23 if in full-time education, are considered. The District Court can award up to €500.00 per week to a spouse and up to €150.00 per child per week. If higher maintenance required, it will be necessary to make an application to the Circuit Court.
Guardianship. This is the legal term which describes the responsibilities and rights of parents to make decisions in relation to their child’s upbringing. Married parents are automatically joint guardians of their children. However, a father who is not married to the mother of his child does not have automatic guardianship rights to that child and must apply to court to be appointed joint guardian.
Custody. This is the legal term for the day-to-day care and control parents have of their children. It applies to children under the age of 18. Children live with the parent who has custody. With separation and divorce, often parents are granted joint custody with one parent having day-to-day care and control.
Access. This relates to the right of a parent, who does not reside with the child/children, to spend time with that child/children. It can be agreed informally between the parents or if necessary a court order may be obtained with will regulate what time the children will spend with their parents. It can cover overnight, weekend and holiday access.
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
This new Act (which is expected to come into force in 2011) gives co-habiting couples the right to claim maintenance and property adjustment orders from one another where they have been living together for five years (or two years where they have a child).
"I have never interacted with a Solicitor who has demonstrated such dedication to duty above and beyond what could have been expected. Helen is an exceptional ambassador for your company, a real lady who dealt with my complicated legal issues in a manner that has forever enhanced my perception of the legal profession."
Family Law Client
"Thank you so much for your excellent representation (in court) yesterday. The outcome could not have gone any better. I feel so relieved today. I will also recommend you whole-heartedly to anyone who is looking for a solicitor"
Family Law Client
Testimonials
"I have always found the service provided by your firm to be highly professional and first class. Attention to detail and advice given is always 'spot on'. No complaints whatsoever. It is always a pleasure to deal with your company."
- Liam Doherty
I am really pleased to recommend Niall Farrell. Working on behalf of the Sisters of Mercy during the past four years I have found Niall to be efficient, solution orientated and very accurate in dealing with some extremely complicated title to property. His availability to us as clients, despite a busy practice, both pleases and amazes me.
- Sr. Anne Doyle
"The service was very good. Whenever I had a query it was dealt with promptly. It was great that most of it could be done via email as it's not always easy to go to the office in person."
How likely on a scale of one to ten would you be to recommend us to others? "10."
-Margaret McLoughlin, conveyancing client.
"I have never interacted with a Solicitor who has demonstrated such dedication to duty above and beyond what could have been expected. Helen is an exceptional ambassador for your company, a real lady who dealt with my complicated legal issues in a manner that has forever enhanced my perception of the legal profession."
- Family Law Client
