What Are My Rights in a Divorce in Ireland? - Advocate-ie.com

What Are My Rights in a Divorce in Ireland?

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John Murphy

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15.12.2024

What rights do I have regarding property and custody during a divorce in Ireland? How do Irish courts decide on child custody and asset distribution?

Site Administration 15.12.2024
Answer date: 15.12.2024

In Ireland, divorce laws are governed by the Family Law (Divorce) Act 1996. The court's primary concern is fairness, and it considers various factors when making decisions about custody and property division.

Step 1: Child Custody: If you have children, the court will prioritize their welfare. Joint custody is often the preferred option unless one parent can demonstrate that the other is unfit. The Children and Family Relationships Act 2015 guides the court in making custody decisions, which will take into account the child’s needs and the relationship with each parent.
Step 2: Property and Asset Division: The court will consider both financial contributions during the marriage and non-financial contributions (like home-making). Both parties must disclose assets to ensure a fair distribution under the Family Law (Divorce) Act 1996.
Step 3: Maintenance: One spouse may be required to pay maintenance to the other, depending on income and need. The court will also determine if maintenance is required for children.
It’s crucial to seek legal advice early, especially if you want to reach a fair and just settlement in terms of property and child custody.

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