Solicitor for Family Law in Dublin

Lawyer for Family Law in Dublin Found 10516

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 Domhnall

Domhnall is a partner in our Dispute Resolution team, specialising in commercial disputes. He advises on all aspects of commercial litigation and dispute resolution.

Domhnall has extensive experience advising on multi-party litigation in the Commercial List of the Hi...

About Domhnall

Domhnall is a partner in our Dispute Resolution team, specialising in commercial disputes. He advises on all aspects of commercial litigation and dispute resolution.

Domhnall has extensive experience advising on multi-party litigation in the Commercial List of the High Court, as well as appeals to the Court of Appeal and the Supreme Court. He has also advised on litigation involving preliminary references to the Court of Justice of the European Union.

Domhnall advises clients on commercial disputes across a range of sectors, including technology, aviation, financial services, retail, and pharma & medical devices. He has experience in IP disputes, regulatory investigations and disputes, judicial reviews and product liability claims.

Domhnall also advises on alternative dispute resolution processes, including arbitration and mediation.

dbreatnach@mhc.ie
0
0
0

About Kim

Kim is a Partner on our Employment Law & Benefits team, specialising in Business Immigration. Her diverse immigration practice covers the full range of corporate and private immigration matters, including employment permit applications and all other Irish immigration permissions...

About Kim

Kim is a Partner on our Employment Law & Benefits team, specialising in Business Immigration. Her diverse immigration practice covers the full range of corporate and private immigration matters, including employment permit applications and all other Irish immigration permissions sought by non-EEA nationals and their families in Ireland.

This includes citizenship applications, long-term residency rights, and visa applications. Other services include residency registration, EU treaty rights, and family reunification.

Kim’s works closely with many multi-national and start-up companies as well as private individuals to ensure mobility is seamless and immigration requirements are adhered to.

Kim also advises on employers’ compliance with Irish Immigration legislation and preparing for audits by the Workplace Relations Commission.

kbowen@mhc.ie
0
0
0

About Liam

Liam is a Knowledge Lawyer within our Corporate team. His current focus is on the internal development of our corporate team by leveraging his extensive experience to enhance our firm's capabilities.

Previously, Liam was a long standing corporate partner with the firm wh...

About Liam

Liam is a Knowledge Lawyer within our Corporate team. His current focus is on the internal development of our corporate team by leveraging his extensive experience to enhance our firm's capabilities.

Previously, Liam was a long standing corporate partner with the firm who advised clients on their corporate business affairs. His depth of expertise and strategic insights have been instrumental in guiding our clients towards practical and commercial solutions.

Liam provides professional support, training and mentoring to newly qualified lawyers and trainees. His role supports the team’s efficiency and effectiveness in client service and engagement, and also includes maintaining and developing Corporate’s precedent bank.

lbrazil@mhc.ie
0
0
0

About Declan

Declan is a Partner in our Dispute Resolution team. He served as the firm’s Managing Partner from 2013 to 2022. He specialises in complex business disputes with significant reputational and financial consequences and in the management of solvency issues. Declan is renowned in...

About Declan

Declan is a Partner in our Dispute Resolution team. He served as the firm’s Managing Partner from 2013 to 2022. He specialises in complex business disputes with significant reputational and financial consequences and in the management of solvency issues. Declan is renowned in the market for his strategic and commercial approach. He is also a practising CEDR accredited mediator.

Declan advises on all types of business disputes including transactional warranty claims, shareholders’ disputes, and negligence claims for or against a range of professionals including insurance brokers, lawyers, accountants and investment advisors. Declan has also acted in property related disputes and fraud-related litigation. His cases tend to be high value matters commonly with an international component. Domestically, he has represented Tribunals of Inquiry established by the State in proceedings taken against the Tribunals by persons affected by their actions.

Declan also represents stakeholders in corporate insolvency matters and advises boards and individual officers regarding the management of insolvency risks.

Declan is also a director of Rethink Ireland, a national charity which supports the most innovative non-profit organisations working in communities across the country through financial grants and non-financial assistance, a director of The Ark, a cultural centre for children and is a council member of the Irish Management Institute.

dblack@mhc.ie
0
0
0

About Ron

Ron is a Partner on our Corporate team and Head of our London Office.

Ron supports Irish and international clients in navigating complex issues in cross-border M&A, private equity, and venture capital transactions, across a broad range of industries. Clients know him for ...

About Ron

Ron is a Partner on our Corporate team and Head of our London Office.

Ron supports Irish and international clients in navigating complex issues in cross-border M&A, private equity, and venture capital transactions, across a broad range of industries. Clients know him for his pragmatic style and insightful and commercially-focused advice.

Prior to joining the firm in 2020, Ron worked in the Private Equity teams at two leading US firms in London.

rboucher@mhc.ie
0
0
1

About Julie

Julie is a Partner in our market leading Privacy and Data Security team. She advises domestic and international clients on a range of data protection issues.

Julie has particular expertise working with clients on crisis management mandates including advising on high pro...

About Julie

Julie is a Partner in our market leading Privacy and Data Security team. She advises domestic and international clients on a range of data protection issues.

Julie has particular expertise working with clients on crisis management mandates including advising on high profile global security incidents. Her work includes advising on strategic issues, compliance with reporting requirements and risk management.

Julie also has significant regulatory law experience having advised numerous organisations on Data Protection Commission investigations and inquiries. She is recognised for the combination of her substantive privacy experience along with her understanding of Irish procedural law.

Working closely with in-house counsel, she also advises international clients on global privacy projects.

jaustin@MHC.ie
0
0
0

About Paul

Paul is a Consulting Partner in our Construction team. He specialises in non-contentious construction and real estate development.

Areas of focus for Paul are commercial and residential development, particularly PRS and social housing transactions. Paul’s commercial real...

About Paul

Paul is a Consulting Partner in our Construction team. He specialises in non-contentious construction and real estate development.

Areas of focus for Paul are commercial and residential development, particularly PRS and social housing transactions. Paul’s commercial real estate expertise include city centre office developments as well as logistics parks and data centres in brown and green field sites. Another core part of Paul’s practice is advising on civil infrastructure projects where he acts for developers, contractors and utilities.

Paul assists clients in identifying critical risks to their projects, ensuring that risk is managed early and proposing practical solutions. Paul has been able to draw on his experience to create innovative solutions for clients when procuring, funding or investing in assets whether completed or at the development phase, including through traditional procurement structures or through the increasingly common use of forward sale and forward fund procurement strategies.

pbassett@mhc.ie
0
0
0

About Catherine

Catherine leads our Public, Regulatory & Investigations team. She is recognised as a “Leading Individual” in Public Sector law by Legal 500. Clients describe her as “outstanding” and “committed to progressing the goals of the organisation”.

Catherine is a trusted ad...

About Catherine

Catherine leads our Public, Regulatory & Investigations team. She is recognised as a “Leading Individual” in Public Sector law by Legal 500. Clients describe her as “outstanding” and “committed to progressing the goals of the organisation”.

Catherine is a trusted adviser to many regulators and other public sector bodies regarding how they carry out their public law functions. Catherine has deep familiarity with the requirements of public and administrative law and how these impact on the work of public bodies. She is particularly well-known for her work in the areas of statutory interpretation, investigations, and fair procedures. She is a specialist in judicial review proceedings and other forms of public law litigation.

She also heads our Professional Regulatory group, managing some of the team’s most complex and difficult investigations and inquiries.

Catherine particularly enjoys advising on the complexities of information law as it relates to public and third sector bodies, including freedom of information and data protection.

callen@mhc.ie
0
0
0

About Philip

Philip is our Chair of the firm. In addition he is the Head of our Technology and Privacy and Data Security teams. His market leading international practice supports some of the world’s most successful tech companies. Philip solves complex global data problems for major techn...

About Philip

Philip is our Chair of the firm. In addition he is the Head of our Technology and Privacy and Data Security teams. His market leading international practice supports some of the world’s most successful tech companies. Philip solves complex global data problems for major technology multinationals.

Philip manages some of the market’s most sophisticated lawyers across a range of areas from EU data regulation to complex regulatory investigations and litigation in the technology sector. He has also advised on some of the most high-profile global data breaches and on some of Europe’s most high profile cross-border privacy investigations.

A feature of his practice is helping fast-growing companies to rapidly scale out of Ireland by balancing the often competing issues of protection and monetisation of data. He is recognised as pre-eminent and trusted advisor for clients with complex issues in the technology sector.

pnolan@mhc.ie
0
0
2

About William

William is the firm’s current Managing Partner. He represents financial institutions and corporate borrowers on a range of lending transactions.

He advises financial institutions on both the execution of their customer transactions and also providing strategic advice ...

About William

William is the firm’s current Managing Partner. He represents financial institutions and corporate borrowers on a range of lending transactions.

He advises financial institutions on both the execution of their customer transactions and also providing strategic advice on their own business requirements. Relying on his in-depth knowledge of the loan market and financial services industry in Ireland, he advises clients on their approach to specific risk and strategy considerations. William acts as trusted advisor on complex debt restructurings and the analysis of finance and investment decisions.

Project finance is an area of deep expertise, particularly for renewable energy projects and multi-jurisdictional finance transactions. William is recognised as a renowned expert in the market, who is both technically and commercially informed.

wcarmody@mhc.ie
0
0
0

Questions and answers about Family Law

How Do I Settle Business Disputes in Ireland? 1 Answer

1 Answer
0
0
1
15.12.2024

If my business partner and I are having disagreements, what are my options for resolving a dispute? Should I go to court or is there another way?

Go to the answer

I believe I’m being discriminated against at work because of my gender. What are my legal rights in Ireland, and how can I take action?

Go to the answer

What to Do If the Gardaí Call You In? 1 Answer

1 Answer
0
0
5
15.12.2024

If you’ve been asked to come to the Garda station, you may feel uncertain about your rights and what steps to take. What should you do next to protect yourself legally?

Go to the answer

Can I Claim Benefits If I’m Unemployed in Ireland? 1 Answer

1 Answer
0
0
0
15.12.2024

I’ve recently lost my job. Am I entitled to any benefits or financial support from the government in Ireland?

Go to the answer

How Can I Start a Business in Ireland? 1 Answer

1 Answer
0
0
1
15.12.2024

I’m considering starting a small business in Cork. What are the legal steps involved in registering my business?

Go to the answer

If I suffer an injury while at work, can I claim compensation? How do I go about it, and what are my rights?

Go to the answer

Can I Legally Record a Conversation in Ireland? 1 Answer

1 Answer
0
0
3
15.12.2024

If I’m having a conversation with someone, can I legally record it in Ireland without their consent?

Go to the answer

What Are the Rules for Driving in Ireland? 1 Answer

1 Answer
0
0
1
15.12.2024

Are there any important rules I should know about driving in Ireland, especially regarding alcohol limits and road safety?

Go to the answer

Recent articles

What should I do if I become a victim of fraud in Ireland?

What should I do if I become a victim of fraud in Ireland?

Fraud is a growing problem in Ireland. According to the Central Statistics Office (CSO), over 5,400 incidents of “offences against property by deception” were recorded in 2023, with losses estimated at more than €35 million. From online shopping scams and phishing emails to investment fraud and identity theft, fraudsters constantly devise new methods to exploit individuals […]

0
0
3

How to Hold Someone Accountable for Defamation in Ireland: Legal Insights

Defamation is a serious issue in Ireland, especially when false statements harm a person’s reputation. If you’ve been a victim of defamation, whether through spoken words (slander) or written statements (libel), you have the legal right to seek redress. This article explains how to hold someone accountable for defamation under Irish law and the steps […]

0
0
1

How to Recover a Debt in Ireland: Legal Advice

Recovering a debt in Ireland can be a complex process, especially if the debtor is unwilling to pay or is unresponsive. Whether you’re a business owner trying to recover overdue payments or an individual seeking repayment for personal loans, understanding the legal process is essential. Here’s a guide on how to recover a debt in […]

0
0
3

What to Do After a Car Accident in Ireland: Legal Advice

Car accidents are an unfortunate but common occurrence on the roads in Ireland. Whether it’s a minor bump or a more serious collision, knowing what to do in the aftermath can help protect your rights and ensure that you’re not left facing unnecessary legal or financial difficulties. Here’s a guide on how to handle a […]

0
0
4

Unlawful Dismissal and Reinstatement in Ireland: Legal Insights

Unlawful dismissal refers to an unfair termination of employment that violates the rights of an employee under Irish law. If you’ve been dismissed from your job without valid reason, or if your employer has failed to follow the proper procedures, you may be entitled to compensation or reinstatement. It’s crucial to understand your legal rights […]

0
0
4
To all articles

People also ask:

The best lawyers in Dublin

We have compiled a list of the best lawyers in Dublin with full information. Prices, reviews, phone number, and address.

Lawyer reviews in Dublin

Our service has genuine reviews about lawyers, we do not delete negative reviews, and there is no way to manipulate them.

How much does a lawyer consultation cost in Dublin?

The cost of a lawyer consultation in Dublin starts from 90 EUR and can increase depending on the complexity of the issue and the form of the response.

Is it possible to receive legal services in Dublin for free?

First, clearly and concisely formulate your question and try to ask it. If it is not too complex and can be answered quickly, lawyers often provide responses for free. However, the lawyer reserves the right to determine the consultation fee.

Where to find a good lawyer in Dublin?

You can do this on the Irish lawyer search service Advocate-ie.com completely free of charge. It’s important to know that the convenient search and contact with a specialist are free, but the consultation and services provided by the specialists may be paid.

How much does it cost to hire a lawyer in Dublin?

The cost of legal services is determined by the scope of work and the complexity of the case. On average, lawyer services start at 90 EUR. Choose candidates based on ratings and reviews. Many have examples of completed work!

What is the difference between a lawyer and an attorney?

An attorney can handle cases in criminal proceedings. The field of activity for a lawyer is more limited compared to that of an attorney. Lawyers primarily specialize in civil cases, such as labor disputes, debt recovery, contract preparation, housing and land disputes, etc. 

 

When should you consult a lawyer?

When should you consult a lawyer? People typically decide to consult a lawyer when they are facing complex difficulties. Professional legal help in Dublin is often sought when a case is already in court or another institution and things are not going as expected. Or even worse, the case has already been lost. Therefore, we advise not to delay seeking help and to solve the problem early on.

What is included in a legal consultation?

A consultation on legal conduct includes the analysis of situations and recommendations from a lawyer on possible actions. Two types of consultations are defined: legal consultation and written consultation (legal opinion). The type of assistance depends on the situation and the client’s preference.