Solicitor for Family Law in Dublin

Lawyer for Family Law in Dublin Found 10511

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 Deirdre

Deirdre is a Partner in our Dispute Resolution team. Specialising in Insurance Litigation, she acts for clients in the defence of public and employer’s liability, professional negligence, and other insurance related claims. She has a particular expertise in dealing with the ...

About Deirdre

Deirdre is a Partner in our Dispute Resolution team. Specialising in Insurance Litigation, she acts for clients in the defence of public and employer’s liability, professional negligence, and other insurance related claims. She has a particular expertise in dealing with the defence of defamation claims and also advises on insurance coverage issues.

As well as dealing with claims, Deirdre provides regular training to clients on health and safety risk, statutory requirements and changes and developments in insurance defence litigation.

She has a keen interest in emerging trends and innovations and how these can benefit her clients. She is also a CEDR accredited mediator.

dmunnelly@mhc.ie
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About James

James is a Partner on our Dispute Resolution team. He advises on all aspects of commercial dispute resolution (including alternative dispute resolution) and has a particular focus on the law of corporate restructuring and insolvency.

James has significant experience in ...

About James

James is a Partner on our Dispute Resolution team. He advises on all aspects of commercial dispute resolution (including alternative dispute resolution) and has a particular focus on the law of corporate restructuring and insolvency.

James has significant experience in high-value and complex disputes across a broad range of industry sectors. He specialises in contractual, shareholder, financial services, debt recovery and enforcement disputes, and his clients comprise financial institutions, corporates, private equity funds and shareholders.

James also regularly acts for insolvency practitioners, companies and creditors in relation to solvency issues and in formal insolvency processes including receivership, liquidation, examinership, SCARP and related litigation. He regularly advises directors in relation to their fiduciary duties.

He is also experienced in high value, complex, and multi-jurisdictional commercial litigation arising from supply chain disputes, shareholder disputes, professional negligence and civil fraud.

jmorrin@mhc.ie
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About Aoiffe

A Consulting Partner in our Public, Regulatory & Investigations team, Aoiffe helps public bodies to comply with public and administrative law requirements, with a particular focus on statutory interpretation, freedom of information, regulatory investigations and governance.Next

About Aoiffe

A Consulting Partner in our Public, Regulatory & Investigations team, Aoiffe helps public bodies to comply with public and administrative law requirements, with a particular focus on statutory interpretation, freedom of information, regulatory investigations and governance.

Aoiffe has specialised in public and regulatory law for over fourteen years. Aoiffe regularly works with clients providing strategic advice on key compliance and governance issues and the implementation of policies and procedures. Aoiffe has represented statutory bodies in judicial reviews and other public law litigation in the High Court and Supreme Court.

The regulatory landscape is constantly changing and evolving. Aoiffe recognises the challenges faced by public and private bodies and works to ensure that her clients are well briefed about what is coming down the tracks. Aoiffe has been described as an expert in freedom of information law and has been commended by clients for her quality of support and excellent level of work.

amoran@mhc.ie
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About Colin

Colin is a partner in our Dispute Resolution and Investigations team. He specialises in commercial litigation with a particular emphasis on internal and regulatory investigations, technology disputes, financial services litigation, competition litigation, commercial property d...

About Colin

Colin is a partner in our Dispute Resolution and Investigations team. He specialises in commercial litigation with a particular emphasis on internal and regulatory investigations, technology disputes, financial services litigation, competition litigation, commercial property disputes, shareholder disputes, and negligence claims.

Colin advises on all aspects of the litigation process and alternative dispute resolution mechanisms in Ireland, including arbitration and mediation. He has extensive experience in dealing with multi-party disputes before the Commercial List of the High Court.

Colin has a particular expertise in technology litigation and public law regulatory disputes. Over the last number of years, Colin has been the lead partner in proceedings before the Irish and European courts in respect of data transfers from the EEA to the U.S. arising from the Schrems II decision of the Court of Justice of the European Union. This is the most important and high-profile piece of technology litigation in Europe at present.

Colin is also particularly experienced in advising on data breach claims under the GDPR before the Irish courts and in acting for US clients in taking depositions in Ireland to obtain evidence for use in proceedings in the U.S.

Colin was selected as the International Client Choice Awards winner for Litigation in Ireland for 2015. Established in 2005, Client Choice recognises those lawyers around the world that stand apart for the excellent client care they provide and the quality of their service.

cmonaghan@mhc.ie
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About Niall

Niall is a Litigation Partner in our Public, Regulatory & Investigations team. He specialises in the areas of sectoral and professional regulation, and professional discipline. In addition, Niall is an acknowledged expert in Freedom of Information.

Niall frequently appe...

About Niall

Niall is a Litigation Partner in our Public, Regulatory & Investigations team. He specialises in the areas of sectoral and professional regulation, and professional discipline. In addition, Niall is an acknowledged expert in Freedom of Information.

Niall frequently appears for clients in the course of investigations, before investigatory bodies and in other forums. He also litigates on behalf of clients in high-profile and sometimes ground-breaking judicial review and statutory appeal proceedings in the courts.

He assists both regulators and regulated persons in navigating complex issues, including compliance, investigation and enforcement.

Clients appreciate Niall’s ability to distil intricate legal issues and provide clear, concise legal advice.

nmichel@mhc.ie
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About Nicholas

Nick is a Partner on our Corporate Governance team and advises on complex group reorganisations, from planning to delivery, as well as providing technical company law and corporate governance advice. In addition, Nick provides bespoke training to boards of directors of Iris...

About Nicholas

Nick is a Partner on our Corporate Governance team and advises on complex group reorganisations, from planning to delivery, as well as providing technical company law and corporate governance advice. In addition, Nick provides bespoke training to boards of directors of Irish companies.

This means that Nick advises on mergers, both domestic and cross-border, capital reductions and transactions involving regulated businesses as well as on more routine matters such as directors’ duties, the conduct of general meetings and the approval and payment of dividends.

His experience in complex reorganisations and his technical expertise allow Nick to identify and analyse issues at an early stage and suggest practical and solutions to any company law issues which may arise.

Understanding that importance of balancing company law obligations with the requirements of clients’ businesses, Nick is known for finding workable solutions for his clients.

nmetcalfe@mhc.ie
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About Fiona

Fiona is a Partner in our Health and Prosecutions department.

She advises across a broad range of healthcare law matters, including child care law, vulnerable adults and High Court inherent jurisdiction applications. With extensive advocacy skills and experience,...

About Fiona

Fiona is a Partner in our Health and Prosecutions department.

She advises across a broad range of healthcare law matters, including child care law, vulnerable adults and High Court inherent jurisdiction applications. With extensive advocacy skills and experience, Fiona appears regularly before the courts on behalf of statutory agency and healthcare clients such as the HSE, Tusla and Children’s Health Ireland. She has considerable expertise in the areas of wardship and assisted decision-making, and is appointed to the Decision Support Service panel of decision-making representatives. She acts for the Health Service Executive in Mental Health Act applications in respect of minors.

Fiona advises large technology companies and other organisations on various aspects of criminal prosecutions and investigations, including search warrants, production orders and mutual legal assistance requests. She acts for healthcare bodies in disclosure applications in criminal trials.

fmcnulty@mhc.ie
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About Peter

Peter is a Partner in our Energy sector. He advises on all relevant Irish and European Law and regulation applicable to Irish energy projects.

Peter advises clients on all aspects of the Irish electricity, natural gas and petroleum sectors. Peter has significant experie...

About Peter

Peter is a Partner in our Energy sector. He advises on all relevant Irish and European Law and regulation applicable to Irish energy projects.

Peter advises clients on all aspects of the Irish electricity, natural gas and petroleum sectors. Peter has significant experience of associated law such as environmental permitting and energy efficiency obligations. Peter also advises large energy consumers on efficient and diverse procurement strategies.

Peter has advised on major Irish renewable and electricity generation projects, as well as the development of an Irish LNG gasification terminal. He is particularly noted for his regulatory experience and ability to balance detail with a strategic view.

pmclay@mhc.ie
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About David

David McGovern is a partner in the Financial Services team and Head of the Aviation and International Asset Finance team, specialising in all aspects of the financing and leasing of aviation assets.

David has acted for a range of clients on domestic and multi-jurisdict...

About David

David McGovern is a partner in the Financial Services team and Head of the Aviation and International Asset Finance team, specialising in all aspects of the financing and leasing of aviation assets.

David has acted for a range of clients on domestic and multi-jurisdictional asset financing transactions involving corporate and commercial aircraft, shipping assets and other moveable equipment.

David has advised lessors on leases to operators of fixed wing and rotary aircraft across all key continents. David has extensive experience advising clients on financing structures used to finance and lease aviation assets including pre-delivery-financing, revolving credit facilities and ABS facilities.

David also advises clients on the establishment and running of leasing companies in Ireland.​​

dmcgovern@mhc.ie
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About Justin

Justin is a Partner in our Corporate team. He is recognised as an exceptional lawyer in corporate finance and private equity transactions in Ireland.

Justin has advised numerous clients on some of the highest value public-to-private transactions, which have taken place...

About Justin

Justin is a Partner in our Corporate team. He is recognised as an exceptional lawyer in corporate finance and private equity transactions in Ireland.

Justin has advised numerous clients on some of the highest value public-to-private transactions, which have taken place in Ireland.

Justin has extensive experience in corporate transactions with particular emphasis on public offers of equity securities by Irish and foreign issuers, private equity transactions and investment and acquisition transactions involving management groups.

Justin also acts as trusted advisor on the resolution of issues between shareholders and in complex and sensitive investment and shareholder matters.

Justin is a member of the board of directors of the Irish Takeover Panel as the nominee of the Law Society of Ireland. International directories have consistently ranked Justin as one of Ireland's leading corporate lawyers over the last several years.

jmckenna@mhc.ie
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Questions and answers about Family Law

How Can I Avoid Debt in Ireland? 1 Answer

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