Family Law & Divorce Solicitors in Dublin

A wide range of cases come before the family law Courts including separation, divorce, domestic violence, child abduction, child protection, custody, access, maintenance, and a range of other matters following from marital and relationship breakdown and childcare law including child protection, adoption, and surrogacy. Our Family & Divorce Law Solicitors in Dublin have great experience in these fields.

At Carmody Moran, our Divorce & Family Law Solicitors give expert guidance, in plain language that you will understand, on marital breakdown, getting divorced, and relationship breakdown, all while protecting children and the family finances.

Carmody Moran Solicitors in Dublin are highly experienced in all areas of family law with a particular focus on resolving complex financial matters and protecting the welfare of children during a divorce or separation. While Carmody Moran divorce solicitors have a reputation for being excellent litigators, we will also guide you on the more amicable approaches including alternative methods of dispute resolution, like mediation, legal negotiations, and collaborative law, in the interest of reducing legal costs, time, anxiety and stress.

The legislation provides for a variety of grounds upon which to base an application for divorce, however, a court will grant a divorce if:

• If you have lived apart for a period or period of that least two years during the previous three;
• there is no reasonable prospect of a reconciliation between you and your spouse; and
• the Court is satisfied that proper provision has been, or will be, made for each spouse and any dependent children.

An Order for Divorce can only be made by way of an application to the Court, even when that application is on consent.

The court may also make additional orders in relation to many matters such as:

• custody and access arrangements for dependent children;
• financial provision for a spouse, if dependent
• Maintenance for children is either paid periodically and/or by way of lump sums;
• exclusion of a spouse from the family home by giving the other spouse the right to live in the family home, for life or for a fixed period;
• barring of a spouse from the family home by preventing the spouse from entering it and from using or threatening violence against the other spouse and/or their children. Alternatively, without preventing a spouse from entering the family home, the court may make a safety order stopping a spouse from using or threatening violence against the other spouse or their children:
• property arrangements in relation to the family home and/or other family property
• financial compensation such as through insurance policies.
• inheritance/succession rights of each spouse against each other
• pension arrangements
• emergency interim matters can be dealt with before a full hearing of Court application if required.

Get help from our Divorce Law Solicitors in Dublin today.

In an ideal world, we would be able to give you an exact time frame, but much in terms of time depends upon cooperation between the parties if you wish matters to be resolved quickly.

Whilst the actual process for obtaining a consent divorce can in theory conclude within 4-6 months, most people find that the process of resolving their finances can delay matters.

If matters cannot be readily agreed through negotiations or other forms of agreement then the case must be prepared for Court. The Court process has various time frames by which time certain steps must be taken, and the case must progress through (or be certified so it can be bypassed) a process called Case Progression, then a hearing date issues. The process can take upwards of 6 months to 18 months plus depending upon the circumstances.

Domestic Violence is physical, sexual, emotional, or psychological violence that threatens the safety or welfare of family members, and certain people in other domestic relationships.

Domestic violence is a crime.

You should report the matter to the Gardaí. Physical and/or sexual violence is a crime. The Gardaí have the power to arrest and charge a person who is violent.

You can also apply to the court for orders under the domestic violence legislation. A court may grant protection, barring and/or safety orders against a spouse or partner including where people are not living together. These orders are made where it is necessary to protect the welfare or safety of the other spouse/partner and/or dependent children. It is important in these types of scenarios to act quickly and not delay.

The law protects the most vulnerable people in society, and we will act in those circumstances to either protect you or to advise you if an allegation of domestic abuse is made against you

FURTHER INFORMATION

If your home isn’t safe, support is still here – www.stillhere.ie

Legal Aid Board – www.legalaidboard.ie

Citizens Information Board – www.citizensinformation.ie

Department of Justice and Equality – www.justice.ie

NGOs operating in the sector

Women’s Aid – www.womensaid.ie

Safe Ireland – www.safeireland.ie – National umbrella group – contains links to local support services

Men’s Aid – www.mensaid.ie – 01 554 3811

Men’s development network – 1800816588

The above is provided for information purposes only. It does not purport to be either a statement of the law or legal advice. 

If you need any more information on this feel free to contact our domestic violence and family law solicitors in Dublin.

If you struggle to agree on issues arising from a separation, such as finances, property, and child arrangements, mediation can be a very effective process if you are both on an equal footing and of like mind to try and reach a fair agreement.

It involves you both working with a mediator to have an open and honest dialogue to understand the issues on both sides and work together to reach an agreement that can be converted into a legally binding document by a solicitor if required.   The Mediator is not an advisor but a facilitator to assist in the agreement being reached.

Mediation itself concludes in a Memorandum of Understanding, this is not a legal document but you should not sign it without first obtaining legal advice.  The Memorandum of Understanding is then brought away to be drawn up into a legally binding separation agreement or alternatively, it can be used to prepare heads of terms upon which an application for divorce can proceed on consent.

When choosing a solicitor to represent you in family law matters, you want to experience, excellence, and honesty.  With family law, you need to know your rights early on and feel confident that you will receive expert-tailored legal advice, even when that means not just hearing what you want to hear.

At Carmody Moran Solicitors our divorce & family law solicitors are direct, straight talking, and will focus on finding solutions that work for our clients.   We can offer a digital consultation or face-to-face meeting and discuss how we can work for you.

Our Carmody Moran Family Law Experts in Dublin 2 never make our professional disputes personal.  We empathise with our clients but remain objective and open-minded.  Even if difficult conversations arise, we will tell the law as it is, not how someone wants to hear it. This enables our clients to make informed and pragmatic decisions that save them costs, time, stress, and anxiety.

A contested divorce is one where an agreement cannot be reached on one or many issues concerning marital breakdown.

In these types of cases, the Judge is called upon following the hearing to make a decision known as a Court Order which is then a legally enforced solution to the matters in dispute.

Divorce is never easy, but like all challenges in life, it is easier when you have the right team by your side.

At Carmody Moran Solicitors in Dublin, we know that every family law case is unique – each family client needs tailored support and their affairs handled with care.  At the same time, we are experts in the law, we know the devil is in the detail and your most precious financial and personal affairs require expert care and attention to detail.

Our expert family law solicitors guide our clients through the divorce process with empathy and care and plain English to navigate making complex decisions and facing challenges head-on to find solutions, and where necessary act quickly to enforce your legal rights and to advocate your case expertly.

We pick up the conversations that our clients cannot face and, with our extensive experience in relationship breakdown and complex financial situations give people the details they need to make any difficult decisions along the way with confidence.

At Carmody Moran with the support of our Divorce & Family Law Solicitors, we help our clients navigate through the legal process and move forward in life with renewed strength.

It’s always best to try to reach an agreement outside of the court and there are various ways this can be done, for example through solicitor negotiation, collaboration, mediation, or round-table meetings. The simplest way of resolving a case is for you both to provide voluntary financial disclosure of all your assets, liabilities, and income. You can then begin negotiations to reach a fair settlement with the support of your solicitors.

If you come to an agreement, then this should be recorded in a consent order and filed in court.

The above is provided for information purposes only. It does not purport to be either a statement of the law or legal advice.

This is not an easy one, there can be much to consider, and the best advice is to get real advice guided towards your specific situation from an expert family law solicitor.   You may also wish to think about additional personal support too, as separation can be like bereavement, it is a loss, including to the person initiating the separation.

At Carmody Moran Solicitors LLP our expert legal advisors can give you that initial guidance and even if the separation does not advance at all or does not become a dispute, you can make decisions with the peace of mind of that additional knowledge and support.

We offer an initial one-off ask-the-expert consultation in family law matters for a fee of €200 plus vat being €242.

‘Ask the Family law expert’

Getting advice at the earliest stage can be hugely beneficial. Having a conversation with our specialist divorce lawyers will help you understand your rights, where you stand, and what you need to do. Organise an ‘Ask the Expert’ consultation, to get an insight into your case.

“Thank you Niamh so much again for the constructive advice, you have really helped me feel like there is a clear approach through this and helped calm me down, so I cannot thank you enough!”
Client feedback following the ‘ask the expert’ first consultation

1. Gather and keep records, keep a diary
2. Keep a folder with your financial correspondence as it issues
3. Review your finances and consider creating a monthly budget.
4. List Property & Other Assets.
5. Contact a Family Law Solicitor / Divorce Lawyer.
6. Get advice on alternative methods of dispute resolution and mediation.
7. Consider changing your passwords to email and online accounts
8. Take steps to protect any joint savings from being dissipated
9. Consider a joint approach with your spouse as to what to tell or not tell any children. Do some background reading appropriate to the age of your children that may help both you and your spouse navigate this time.
10. Take advice and assistance where you can, for instance, consider reaching out for some additional personal support, we frequently advise our clients to consider counseling or coaching to help them as they navigate this difficult time.

At Carmody Moran Solicitors LLP we know from experience that this can be a daunting process.  Early legal advice is key, it can help you get on the right track and answer your pressing questions and give you some initial guidance to put your mind at ease.

It is advisable:

1. Not to go online letting off steam.
2. Go slow with texts and emails, they may end up being read by third parties, save a draft and review it with a fresh head in the morning.
3. Do keep it private.
4. Do consider obtaining early legal advice.
5. It is generally not advisable to move out of a family home unless your physical safety or mental welfare is in danger.
6. Consider reaching out for some additional personal support, we frequently advise our clients to consider counseling or coaching to help them as they navigate this difficult time.

Sometimes there is no avoiding Court, the only way to obtain a Divorce in Ireland is by going to Court, for instance.

This does not have to mean a Courtroom battle or a drawn-out legal case, a Divorce can still be applied for on consent. following agreements being made between the parties, and you can read more about Consent Divorces in this regard.

A consent divorce is a case where the parties have agreed on terms of settlement and the divorce application proceeds to the Court on a consent basis.

In Ireland you cannot obtain a Divorce without making an application for a divorce to either the Circuit Court or the High Court. Under the Constitution, the Court must satisfy itself of certain matters before granting a decree of divorce (i.e. making a Divorce Order).

Generally speaking both parties must attend Court to obtain a Divorce. However if the Divorce application is moved on consent, then sometimes only one party needs to attend Court. One party to the proceedings however must be present in Court to give formal evidence to the Court at the divorce hearing.

During the covid-19 pandemic some consent divorce rulings were heard remotely with the participants attending Court from their solicitors offices using remote Court conferencing software. Generally speaking these applications have returned to in-person hearings.

To regulate matters without going to Court you can opt to put in place a Separation Agreement.  You may attend for mediation to agree a Separation Agreement, you may reach agreements with your spouse directly, or through solicitors in negotiations or using collaborative solutions.

No, a Separation Agreement may be reached without going to Court. Sometimes parties opt to rule settlements however to be able to deal with pensions, or rather than have a Separation Agreement, use agreements reached as the basis of progressing a consent divorce application.

For many separating is not just an emotional journey but it fraught with worry around finances.   

The unknown is generally worse than the knowing. The unknown carries a huge amount of fear particularly if you feel financially vulnerable.  At Carmody Moran Solicitors our expert divorce solicitors will discuss with you your future plans and what are your options around financial support and we will guide on options around proper financial provision for both parties. 

Under Irish law, separation and divorce remedies provide for financial relief by way of child maintenance, spousal maintenance, and other types of financial relief orders.

An initial consultation with an experienced divorce solicitor will put your mind at rest and give you some answers around what the future may look like and the remedies that are available.

Once you are divorced you are free to re-marry again.  The primary difference between a Decree of Divorce and a legal separation (a Decree of Judicial Separation or a Separation Agreement), is that you are free to re-marry.

Bear in mind that you must follow through on all of the usual legal steps to get married in Ireland.  If there is a question over the validity of a foreign divorce decree this can require legal assistance to resolve matters and a Court application in certain cases.  At Carmody Moran Solicitors our expert and experienced divorce solicitors can guide you through this process.

This can be a really difficult situation to find yourself in, but hard and all as it may seem, the best advice here is not to shy away from the issues at hand.

You should to act and you should participate in the process.

It is advisable to seek legal advice and other help where you can and not to make the process harder by proceeding in the dark. Information will be of assistance to you and will more than likely put your mind at ease. If you do not act the process will move on without you and it will become more difficult, it will become more protracted, and ultimately be more stressful.

Getting advice at the earliest stage can be hugely beneficial. Having a conversation with our specialist divorce solicitors will help you understand your rights, where you stand, and what you need to do, and may also put your mind at rest. Organise an ‘Ask the Expert’ consultation, to get an insight into your case.