Solicitor for Family Law in Dublin

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Family Law in Ireland: Protecting Rights and Ensuring Justice in Family Matters

Introduction to Family Law in Ireland

Family law in Ireland is a speci...

Family Law in Ireland: Protecting Rights and Ensuring Justice in Family Matters

Introduction to Family Law in Ireland

Family law in Ireland is a specialized area of law that governs the legal rights and responsibilities within families and relationships. It deals with issues such as marriage, divorce, child custody, domestic violence, and the division of property. Family law aims to ensure that individuals are treated fairly and that the welfare of children and vulnerable family members is prioritized. In Ireland, family law is continuously evolving to meet the needs of society, particularly in areas such as same-sex relationships, surrogacy, and the rights of children.

If you are dealing with family law issues in Dublin or anywhere else in Ireland, understanding the legal frameworks that govern family matters is crucial. Family law covers a wide range of situations, and consulting a family lawyer can help you navigate through these complex legal areas.

What is Family Law?

Family law refers to the area of law that governs the relationships between family members, addressing issues such as:

  • Marriage and divorce
  • Child custody and access
  • Child and spousal maintenance
  • Domestic violence
  • Adoption
  • Guardianship and parental rights
  • Division of property and assets
  • Surrogacy and reproductive rights

In Ireland, family law is shaped by both national legislation and international agreements, with a focus on protecting the welfare of children and ensuring fair and just outcomes for families in crisis.

Key Areas of Family Law in Ireland

  1. Marriage and Divorce

Marriage in Ireland is governed by the Marriage Act 2015, which established the legal framework for civil and religious marriages. In Ireland, marriage is considered a legal contract, and both parties must freely consent to the union.

Divorce became legally available in Ireland following the Divorce Referendum 1995. The Family Law (Divorce) Act 1996 provides the legal framework for divorce proceedings in Ireland. For a divorce to be granted, the following conditions must generally be met:

  • The couple must have been living apart for a continuous period of at least four years.
  • There must be no reasonable prospect of reconciliation.
  • The court will consider matters related to property division, maintenance, and arrangements for children.

Divorce settlements typically address the division of property, alimony (spousal maintenance), and child custody and support.

  1. Child Custody and Access

In cases where parents separate or divorce, issues related to child custody and access become a priority. Irish law places significant emphasis on the best interests of the child, with custody arrangements determined based on the child’s welfare.

There are two primary types of custody:

  • Joint Custody: In joint custody arrangements, both parents share responsibility for making decisions regarding the child’s upbringing. This is typically the preferred arrangement in Irish law, as it allows both parents to remain actively involved in the child’s life.
  • Sole Custody: In cases where joint custody is not possible or in the best interests of the child, one parent may be granted sole custody. The other parent may still have access or visitation rights.

Access refers to the right of the non-custodial parent to spend time with the child. The court will always prioritize the child’s welfare when determining access rights, and in some cases, supervised access may be ordered if there are concerns about the child’s safety.

  1. Child and Spousal Maintenance

In family law cases, one of the most contentious issues can be maintenance—financial support for a child or spouse following separation or divorce.

  • Child Maintenance: Both parents have a legal obligation to financially support their child. The amount of child maintenance is typically determined by the needs of the child and the financial resources of both parents. In some cases, the court may intervene to set a fair maintenance agreement.
  • Spousal Maintenance: Spousal maintenance is the financial support provided to a spouse following divorce or separation. If one spouse is unable to support themselves financially after separation, they may be entitled to spousal maintenance, which can be determined by agreement between the parties or by court order.
  1. Domestic Violence and Protection Orders

Family law in Ireland also provides strong protections for individuals who are victims of domestic violence. The Domestic Violence Act 2018 allows individuals to apply for protection orders, safety orders, and barring orders. These legal protections are designed to keep victims safe from abusive partners or family members.

  • Protection Orders: A protection order provides immediate temporary protection for the victim by prohibiting the abuser from contacting them.
  • Safety Orders: A safety order prohibits the abuser from engaging in violent behavior or threatening the victim.
  • Barring Orders: A barring order removes the abuser from the shared home, preventing them from returning for a specified period.

Victims of domestic violence can also seek legal advice on how to proceed with obtaining these orders and other protective measures.

  1. Adoption and Guardianship

In Ireland, adoption is governed by the Adoption Act 2010. Adoption allows a child to be legally placed with parents who are not their biological parents, providing the child with the legal rights and protections of a natural child. The adoption process can be either domestic or international, but it requires approval from the Adoption Authority of Ireland.

Guardianship refers to the legal responsibility for a child’s care and upbringing. In Ireland, guardianship is typically shared by both parents. However, in cases where parents are unmarried, the mother automatically has guardianship, while the father must apply for guardianship unless there is a formal agreement between the parents.

  1. Surrogacy and Reproductive Rights

Surrogacy is another important issue within family law. While there is no specific legislation governing surrogacy in Ireland, the law recognizes the intended parents as the legal parents of a child born through surrogacy if they have obtained a parental order from the court. There are ongoing discussions and calls for surrogacy legislation in Ireland to ensure that the rights of all parties—intended parents, the surrogate, and the child—are properly addressed.

When Should You Consult a Family Lawyer?

  1. If You Are Considering Divorce or Separation

If you are contemplating divorce or separation, it is essential to seek advice from a family lawyer. A lawyer can guide you through the process, explain your legal rights and responsibilities, and help you negotiate agreements related to property division, spousal support, and child custody.

  1. If You Are Facing Domestic Violence or Abuse

If you are experiencing domestic violence, consulting with a family lawyer is crucial to ensure your safety and to obtain necessary protective orders. A lawyer can assist in obtaining protection orders and represent you in court if necessary.

  1. If You Are Dealing with Child Custody or Access Issues

If you are involved in a dispute over child custody or access, a family lawyer can represent your interests in court. A lawyer can help you navigate custody arrangements, prioritize the child’s best interests, and ensure fair access rights.

  1. If You Need Assistance with Adoption or Guardianship

If you are considering adoption or need legal assistance with guardianship issues, an experienced family lawyer can guide you through the legal requirements and ensure that all necessary steps are taken to protect your rights and the welfare of the child.

Conclusion

Family law in Ireland is designed to protect the rights of individuals, particularly those in vulnerable situations such as children and victims of domestic violence. Whether you are facing a divorce, dealing with child custody, or needing protection from abuse, consulting a skilled family lawyer can help you navigate these challenging issues and achieve a fair resolution. Family law seeks to promote fairness, ensure justice, and prioritize the well-being of those involved, particularly children. If you are facing a family-related legal matter in Dublin or elsewhere in Ireland, an experienced family lawyer can provide essential guidance and support.

About Judith

Judith Riordan is a Partner in our Dispute Resolution team. She specialises in insolvency and financial restructuring matters along with all related litigation.

Judith has broad experience advising and protecting the interests of all stakeholders in formal insolvency p...

About Judith

Judith Riordan is a Partner in our Dispute Resolution team. She specialises in insolvency and financial restructuring matters along with all related litigation.

Judith has broad experience advising and protecting the interests of all stakeholders in formal insolvency processes including examinership, liquidation, receivership, SCARP and bankruptcy. She routinely represents insolvency office-holders in court and out of court. She also advises companies and their officers on solvency issues and risks.

In addition to advising troubled businesses, Judith frequently advises secured creditor in formal insolvency processes and informal work-out arrangements.

She has experience advising both domestic and international clients in cross border cases across a range of sectors. Judith also has extensive experience of insolvency related litigation.

jriordan@mhc.ie
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About Robert

Robert is a Partner in our Construction, Infrastructure and Utilities team. Robert specialises in construction legal issues, both contentious and non-contentious.

Robert leads on contentious matters in the commercial court as well as arbitration, conciliation and medi...

About Robert

Robert is a Partner in our Construction, Infrastructure and Utilities team. Robert specialises in construction legal issues, both contentious and non-contentious.

Robert leads on contentious matters in the commercial court as well as arbitration, conciliation and mediation, usually with a construction or public procurement focus.

Robert also advises on infrastructure and life science contracts. Robert provides mid-stream advice on high value construction projects, keeping the focus on successful project delivery and avoiding formal dispute resolution processes.

Robert has worked with the Irish Public Works Contracts since their introduction in 2007, including some of the most significant contracts awarded under that form. Robert also work regularly with FIDIC and RIAI forms of contract, as well as bespoke forms.

rrooney@mhc.ie
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About Áine

Áine Quirke works on our market-leading Privacy and Data Security team and is based in our New York office. She advises some of the world’s leading tech and social media companies on all aspects of GDPR compliance. Her practice focuses on counselling clients on the roll-out of ...

About Áine

Áine Quirke works on our market-leading Privacy and Data Security team and is based in our New York office. She advises some of the world’s leading tech and social media companies on all aspects of GDPR compliance. Her practice focuses on counselling clients on the roll-out of new and emerging technologies and products. She also has particular expertise advising companies on cookies and similar tracking technologies.

Áine advises clients on regulatory investigations and enforcement actions taken by data protection authorities. She also has experience in contentious data protection-related litigation, take down requests and navigating engagements with government agencies, including law enforcement.

She regularly counsels US technology companies on their international expansion plans and privacy structure in Europe.

Áine is also qualified as an attorney-at-law in New York.

aquirke@MHC.ie
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About Shane

Shane is a Health & Prosecutions Partner. He provides strategic advice to State entities in complex regulatory investigations and enforcement proceedings.

Shane advises a number of state agencies in the area of regulatory prosecutions in courts nationwide in diverse ar...

About Shane

Shane is a Health & Prosecutions Partner. He provides strategic advice to State entities in complex regulatory investigations and enforcement proceedings.

Shane advises a number of state agencies in the area of regulatory prosecutions in courts nationwide in diverse areas such as public health, food hygiene, environmental law and energy.

Shane acted in High Court injunctive proceedings initiated as a test case for local authorities and which formed an important part of the Government’s national waste management priorities.

Shane has developed standard criminal prosecution procedures and civil enforcement policies for state bodies. Shane presents training seminars in the area of regulatory investigations.

Shane advises corporates and privates individuals in regulatory and financial crime matters.

sreynolds@mhc.ie
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About Elizabeth

Liz is a Partner in our Debt Recovery team. She has deep and wide-ranging experience in advising on complex commercial disputes. She currently manages a team who recover debt for a large public sector client.

Prior to embarking on her commercial career, Liz advised...

About Elizabeth

Liz is a Partner in our Debt Recovery team. She has deep and wide-ranging experience in advising on complex commercial disputes. She currently manages a team who recover debt for a large public sector client.

Prior to embarking on her commercial career, Liz advised charitable clients appearing before State Inquires. She has also managed large scale bulk litigation on behalf of charitable bodies, as well as commercial entities. Her experience also includes fraud, product liability & professional negligence.

She further specialises in complex enforcement procedures and remedies, such as bankruptcy, fraudulent transfers, and appointment of a receivers by way of equitable execution. She continues to maintain a practice in resolving commercial disputes and pursuing enforcement such as bankruptcy.

equinn@mhc.ie
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About Áine

Áine is a Partner in our Real Estate and Built Environment team. She has broad experience advising corporate clients on all aspects of commercial property transactions to include landlord and tenant law, sales and acquisitions.

Áine acts for corporate clients on the mana...

About Áine

Áine is a Partner in our Real Estate and Built Environment team. She has broad experience advising corporate clients on all aspects of commercial property transactions to include landlord and tenant law, sales and acquisitions.

Áine acts for corporate clients on the management of extensive and high-profile portfolios of Irish Assets from purchase, financing, and development to leasing and ultimate sale.

Áine acts for lenders on the financing of commercial real estate, to include portfolios of mixed-use developments and social housing developments. Áine leads the team that advises a number of State utility providers on all real estate matters including diverse and large volume transactional work.

Áine’s broad experience, commercial insight, and legal expertise, means that she can recognise and cut through potential issues at an early stage in a transaction, and avoid delays with pragmatic and commercial solutions.

aquigley@mhc.ie
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About Kevin

Kevin is head of our Medical Law team. He specialises in healthcare and life sciences law and regulation. As a former practising medical doctor he has particular insight on challenges in the sector.

Kevin advises a number of Ireland’s major hospitals in both public and ...

About Kevin

Kevin is head of our Medical Law team. He specialises in healthcare and life sciences law and regulation. As a former practising medical doctor he has particular insight on challenges in the sector.

Kevin advises a number of Ireland’s major hospitals in both public and private sectors for the Clinical Indemnity Scheme. He also works for multinational laboratories, pharmaceutical and medical device manufacturers.

He has particular expertise in the defence of complex high value clinical negligence cases, advocacy and product liability litigation. Kevin also advises a wide range of clients on regulatory issues including enforcement, product safety and recall.

Kevin is known for his clear, definitive advice to clients which enables them to make confident and informed decisions.

kpower@mhc.ie
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About Maurice

Maurice is Head of our Dispute Resolution team. He specialises in complex commercial disputes and arbitrations and is recognised for his skill in finding commercial solutions to complex matters.

Maurice has experience in a wide range of commercial litigation matters ...

About Maurice

Maurice is Head of our Dispute Resolution team. He specialises in complex commercial disputes and arbitrations and is recognised for his skill in finding commercial solutions to complex matters.

Maurice has experience in a wide range of commercial litigation matters including high value contractual and tortious disputes and shareholders disputes, often with an international component. He has acted in some of the most high-profile matters in the Irish market and is consistently acknowledged for his technical ability and strategic approach.

He routinely advises insolvency office holders and stakeholders in the insolvency process. He also provides strategic advice to companies and their directors in distressed situations on corporate restructuring and insolvency issues.

mphelan@mhc.ie
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About Hannah

Hannah is a Partner in our Privacy and Data Security team.

Hannah advises on all aspects of privacy and technology, from product counsel to cybersecurity, AI, international data transfers and law enforcement. Hannah has a multitude of experience in working with client...

About Hannah

Hannah is a Partner in our Privacy and Data Security team.

Hannah advises on all aspects of privacy and technology, from product counsel to cybersecurity, AI, international data transfers and law enforcement. Hannah has a multitude of experience in working with clients across the tech and IoT space, from traditional blue-chip manufacturers to next-generation AI and crypto businesses.

Hannah is known for providing commercial and pragmatic solutions to complex privacy issues. Hannah acts as lead product counsel for the world’s leading technology companies and specialises in building complex, multi-faceted privacy programmes for fast-growth companies.

From her experience as a commercial contracts lawyer, Hannah also has a reputation as a keen negotiator and is regularly instructed by top tech companies to handle their challenging contracts.

Prior to joining us, Hannah gained much of her experience with a Tier 1 technology practice and from her time in the European Court of Human Rights. Her variety of experience and knowledge means that she brings a unique depth of understanding and exposure to her advice.

hperry@mhc.ie
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About Anthony

Anthony is a Financial Services partner in our Investment Funds team.

He provides advice on a wide of range of UCITS and AIF structures which employ a broad range of investment strategies including passive, smart beta, active, fund of funds, hedge funds, private...

About Anthony

Anthony is a Financial Services partner in our Investment Funds team.

He provides advice on a wide of range of UCITS and AIF structures which employ a broad range of investment strategies including passive, smart beta, active, fund of funds, hedge funds, private equity and private credit.

In addition to advising on collective investment schemes, Anthony regularly engages with the owners of fund service providers on the acquisition and disposal of Irish operations or Irish branches of entities domiciled in other jurisdictions. Anthony also regularly provides guidance on the addition of financing into Irish fund structures.

Anthony is an active member of Irish Funds, the industry association with responsibility for promoting funds based in Ireland. Anthony was previously based in London and New York and regularly travels between and works with clients in those locations.

Anthony has completed secondments in the product teams of two of the World’s largest asset managers and a well-known white label third party management company based in Dublin. Prior to joining the Firm, Anthony worked in the asset management departments of two leading Irish firms in Dublin.

aohanlon@mhc.ie
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Questions and answers about Family Law

What Are the Rules for Driving in Ireland? 1 Answer

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