We provide practical, clear and thoughtful advice in relation to Family Law proceedings, specialising in Separation and Divorce proceedings in both the Circuit Court and High Court jurisdiction. Advice provided will be sensitive and in accordance with your individual needs. In giving advice, we can guide you through every aspect of the process and address your concerns. We endeavour to seek practical, workable solutions and, by taking on a limited number of cases at any given time, we are always available when you need us.
For couples to divorce, they need to have been living apart from each other for 4 out of the previous 5 years. Most couples however find themselves in situations which require a more immediate intervention, and therefore, the best route to take is a legal separation. A legal separation can be by way of a Deed of Separation (negotiated between Solicitors) or a Judicial Separation, as ruled by the Court.
We can talk you through each of the alternatives and advise you what solution will fit your situation best.
Judicial Separations can be granted by the Circuit Family Court or the High Court. The majority of these type of cases are dealt with in the Circuit Court which sits in the County nearest to where you or your former Spouse resides. The Courts deal with proceedings in camera. Therefore, you need not be concerned that your business would become anybody else’s business. By sitting in private, the Court is excluding members of the public.
Whilst negotiated separation is often more holistic, there are certain matters which cannot be dealt with under such an Agreement, for example, Pension Adjustment Orders. You will require specialist advice in this area.
Many parties, having endured a period of separation, will seek a Divorce. Where a Judicial Separation has already been granted, or a Deed of Separation entered into a number of years earlier, many of the financial issues between the parties may have already been resolved. However, a Divorce may open matters up again, in circumstances where either party alleges that proper provisions were not made for them at separation stage. A Court generally seeks equality between the parties where possible and, a Court will want to ensure that proper provisions exist for both spouses.
We are a solution focused firm. We are acutely aware of the fact that children are vulnerable in times of marriage turmoil. We will always encourage parties to mediate or seek family therapy if possible, to resolve any issues concerning access. Where possible, it is best to keep children out of the legal system.
Please contact us for a consultation if you wish to discuss any Family Law related matter.