Family Law Case Update

by | Dec 12, 2022 | Family Law

Family Law Case Update & Features in Dublin, Ireland

One of the features of Family Law in Ireland is that it progressed with a high degree of privacy; the overriding principle in Family law cases is that they are heard in private (in camera). This is to protect the privacy of the family. The only persons in Court when a family law case is heard are:

-the Judge
-the Court Registrar
-the Parties
-their legal representatives (their family law solicitor and barrister), and witnesses or persons that the Court agrees can attend

family-law-case-update-dublin-ireland

Slowly some reporting of cases, outside of the High Court’s formal written judgments, has opened up, with the introduction of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (“the 2013 Act”) which became operative in January 2014 which provides for a degree of balance for justice to be administered in public, in that members of the press and media can now apply to attend family law hearings and to report on same.

This is on the basis that there remains a prohibition on the publication of material that could lead the public to identify the parties to such cases. A breach of this law is a criminal offense and conviction on indictment can result in a fine up to €50,000 or a term of imprisonment of up to 12 months, or to both, such is the gravity of such a breach. If you have a concern that the publication of a report on all or any aspect of your family law case will identify you or members of your family, or that it would disclose personal or commercially sensitive information that may arise in a family law case for example, or restrict you or witnesses from giving evidence, your family law solicitor can review this with you and consideration can be made for making an application to the family law court for an order restricting the publication of the case. In our experience however Judges when reporting on cases (in their written judgments in the High Court) and the media are very cognisant of the protection of individual’s privacy, even down to the listing of cases by the initials of the parties, in written High Court judgments these initials are changed and great steps taken to report on matters in a neutral manner so as not to breach the parties privacy.

Accordingly, while you may have heard the occasional Family law Court Report on the radio or read a newspaper snippet of family law matters, the intricacies of family law still remain a relatively rare Court reporting event. While there is significant value to this for the persons involved, it does create a degree of the ‘unknown’ for newly separated persons starting out on a family law separation or divorce matter. It is one of the reasons why family law has become an increasingly specialised area of legal practice, and why early expert advice from a specialist family law solicitor can give a newly separated person so much more knowledge than a solicitor in general practice.

Specialist Family Law Solicitors

A specialist family law solicitor will know the law, will be familiar with the Judges of the local family law court, and will have insight into assessing how to best take the case towards resolution at an early stage. The key to assessing how to proceed is to look at it from the perspective of what is likely to happen if a dispute progresses to a family law Court and see if that likely result can be achieved with less stress and less legal costs and less time in the interests of all concerned. There is considerable value to both parties to a family law matter having on hand expert advice from a specialised family law solicitor, as the likelihood is then that both parties will receive expert family law advice, which will have been applied to their situation. With their spouse in receipt of the same well-grounded specialised family law advice, then well-informed decisions can be made quickly and a focus turns to the implementation of financial aspects of the settlement, which like all financial matters when significant are frequently complex and of themselves take certain expertise to resolve.

Carmody Moran Solicitors LLP in Dublin 2 and Blanchardstown

Our own expert family law solicitors team clarifies the law for clients starting on a separation journey and at our initial consultation with clients, we will endeavour to set out a road map of options and give you an insight into the law.

Where there are written judgments in family law in Ireland, these come from the High Court only, the lower Circuit Court, but the High Court only deals with cases where assets are valued at over €3,000,000 (high-value family law cases of over three million euro), and therefore the vast majority of persons seeking either a divorce or judicial separation, will not be bringing their cases in the High Court but rather in the Family Law Circuit Court where, because of reporting restrictions, there are no reports and no written judgments.

Every so often though, a case in the High Court does come along which can be of great assistance to persons trying to find their way through the sometimes muddy waters of family law and what they can expect from a Family Law Court in Ireland. One recent case was heard by Judge Jordan in relation to an application for divorce and which sets out many of the criteria that the Courts look at when deciding how to divide assets in family law cases and also how the Court addresses Domestic Violence Applications.

In this particular case, S v D (Record No 2020/107M)

The Court was asked to divide family assets where the wife earned substantially more than the husband and where the wife’s earnings in the past had been over one million euros per year. It also addressed issues concerning work in the home and caring for children together with a significant illness that the wife had suffered during the marriage.

The husband had asserted that he had been the main caregiver for the children because of the long hours that the wife worked but the Court refused the husband’s Application to sell the family home instead and, permitted the wife to purchase the husband’s share of the family home for 50% of the net value which was approximately €900,000. The Court also provided for the husband a lump sum financial payment of €280,000 allowing the wife to retain sole ownership of the apartment which she owned abroad. With regard to pensions, pensions in family law are often a significant asset requiring Court determination, the Court equalised the pensions in the family law case where the wife’s pension was far in excess of that of her husband. This means that both pensions in the family law case were put into one pot and then divided on a 50/50 basis. Both sides were ordered to pay their own legal costs, as is generally the norm in family law legal costs orders.

There had been issues regarding allegations and counter-allegations of domestic violence.

One interesting feature of this family law case was that the husband had agreed to allow a Safety Order to be put in place against him but, without prejudice to any defence he might make in that regard, his solicitor stated that they did this purely in an effort to try and move the case along and get it heard more quickly. During the hearing, the wife’s lawyers tried to assert that the husband had admitted to the allegations against him of domestic violence but, the Court found that this was not the case and it was clear that the husband was purely agreeing to the Safety Order being put in place for reasons of expediency, not by reasons of guilt or culpability.

The Court stated that when dividing the family assets, while the Court gives equal recognition to the contributions made by both spouses during the marriage and their respective roles within the marriage, this did not mean that the Court must divide the matrimonial assets equally.

 

Specialist Family Law Solicitors Offices in Dublin

At Carmody Moran Solicitors LLP

We can meet with you at our offices located centrally off Merrion Square, near Baggott Street, Dublin 2 at 27 Mount Street Upper, Dublin 2, which office services Dublin City Centre, South Dublin family law clients, Blackrock, Stillorgan, Rathfarnham, Terenure, Ballsbridge, Sandymount, Rathgar, Ranelagh, and family law clients from all around Dublin, Wicklow, Kildare, and Ireland.

Carmody Moran Solicitors LLP has a second office located two minutes from the M50 at Blanchardstown on Blanchardstown Main Street. This office services Dublin West, Dublin North, local areas of Castleknock, Clonsilla, Blanchardstown, Lucan, Clontarf, Sutton, Portmarnock, Maynooth, Meath, Louth, and clients from all over Ireland. Our expert team aims to dispel the unknown and at an initial consultation starting from €246 (including vat @ 23%), our expert family lawyers will endeavour to review your personal situation with you and set out a road map of options, and to give you an insight into family law and how it applies to your situation.

At Carmody Moran Solicitors LLP

Our family law solicitors are skilled in family law and complex financial transactions, they also have expertise in resolving family law matters with probate elements of legal practice, and two of our partners are trained, mental health lawyers. This wealth of experience brings real practical value and sound judgment to the analysis of complex family law matters.

As we advance into 2023, we intend to focus our legal news with a renewed focus on our specialisation in family law legal cases and how family law is applied in practice in Ireland if you have any questions or which to discuss your case further, please do get in touch with our team on 018272888 or email us at solicitor@carmodymoran.ie for more information.

INDEPENDENT GOOGLE CLIENT REVIEWS

Guillaume Rachet
Guillaume Rachet
16:25 20 Jan 23
The client service was really great. Understanding, easy to deal with and reactive
Joe Marsh
Joe Marsh
17:59 26 Sep 22
We recently closed on a first time house purchase and we were very pleased with how the whole process was handled at Carmody Moran. They always responded clearly and promptly to the many queries I had along the way and were on the ball with following up issues with the sellers solicitors to keep the process moving.The reason I went with them originally over other options was because they gave a very clear breakdown for the charges and the quoted price we were given was transparent and easy to understand compared to other quotes I received.I will definitely use them again if the need arises and recommend them to my friends and family.
Kenneth Ohaa
Kenneth Ohaa
09:52 01 Sep 22
I got the keys to my new house a few weeks back. I cannot recommend Carmody Moran Solicitors highly enough. It was a bit lengthy as I was buying and selling at the same time. In such cases you need experienced and competent solicitors such as Carmody Moran Solicitors.Stephanie and Helen were a pleasure to work with. Very transparent and communicative. Also occasionally dealt with Lucy and Caila. They were brilliant as well.I would like to say Thank you to the entire Carmody Moran team.Kenneth
Salt Almighty
Salt Almighty
06:16 10 Aug 22
I needed a solicitor to arrange a mortgage, and they went above and beyond to help me !I would advise them to anyone
Andrew NEROH
Andrew NEROH
19:39 04 Jul 22
My partner and I recently made the acquisition of our first home and it was a lengthy and difficult process, due to the fact we were buying from a receiver.In such difficult cases, you will need a legal representation as competent and professional as Carmody Moran Solicitors on your side.We were primarily dealing with Stephanie who gave us regular updates, helped us understand what is happening and what to do. We felt our interest always came first which made every appointment with her something we looked forward to.We were also occasionally in contact with Lucy, Niamh and other brilliant members of the firm, all of whom provided an excellent level of support and knowledge in Stephanie's absence.I couldn't recommend Carmody Moran enough. I would like to give a heartfelt thank-you on behalf of myself and my partner to every one involved at the firm who helped us make our dream a reality. We will not hesitate to call upon your services again should the occasion arise.Andrew.
jonathan
jonathan
16:14 28 Jun 22
I would highly recommend Carmody Moran Solicitors. Niamh Moran and her team helped and supported me through the sale of my home. The transaction was dealt with efficiently and quickly. Every step was clearly explained from the Sale Questionnaire, Contract for Sale to Completion.
Herghelegiu Oana
Herghelegiu Oana
22:44 20 Jun 22
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
Karolina Siwakowska
Karolina Siwakowska
20:00 28 Mar 22
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
ciara daly
16:27 18 Feb 22
Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
Cassandra Reyes
Cassandra Reyes
11:11 14 Jan 22
Tony is quick and responsive to me. Very professional and would definitely recommend to my family and friends.Thank you so much.
Martin Kinsella
Martin Kinsella
17:23 15 Dec 21
CarmodyMoran were a pleasure to deal with. I found them to be extremely helpful in all my queries and responded to me in a very personal and professional manner.
Marie Byrne
Marie Byrne
14:06 30 Nov 21
Anthony & Niamh are our family Solicitor, so had no hesitation when the decision was made to sell of our family home. They dealt with my dad in the most caring manner explaining everything in detail. I dealt with Helen Ryan and Stephanie Tierney. The response to every query was exceptional. An absolute pleasure to deal with. If they were unavailable Emma at reception would pass all messages on. It was a very positive experience and a fantastic team at Carmody/Moran Solicitors. Thank you. Marie Byrne
Jennifer Foley
Jennifer Foley
18:13 27 Nov 21
Excellent.I am a client of Carmody Moran for the last few years.Niamh is a lovely person she made a difficult and lengthy process easy and answered any questions in a timely manner, very approachable and thorough.With her guidance and experience I found her to be very professional and understanding of my position, every step of the process was explained to me without overwhelming me.I cannot speak highly enough of Niamh and her team.I am happy to recommend them to anyone.
Richard Lawrence
Richard Lawrence
13:04 02 Sep 21
Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Fran Carroll
Fran Carroll
18:10 10 Jun 21
Tony an his team are brilliant.Left no stone unturned.
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Annamay Rowan
Annamay Rowan
12:21 10 Mar 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
Anant Batra
Anant Batra
00:05 05 Feb 21
Fantastic experience dealing with Anthony. Excellent and quick communication. Would highly recommend!
Elvyra Petkeviciute
Elvyra Petkeviciute
15:43 02 Sep 20
Great service, efficient, proffesional, very responsive. Over all very happy with services.
Tracy Ankers
Tracy Ankers
11:22 02 Aug 20
Would highly recommend Anthony and his team .
Elaine McSweeney
Elaine McSweeney
10:01 31 Jul 20
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Maxine Hudson
Maxine Hudson
13:47 12 May 20
Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Mark Kelly
Mark Kelly
02:11 06 Feb 20
Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mick Giles
Mick Giles
15:50 09 Dec 19
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
david clarke
david clarke
17:01 02 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
Matthew Canning
Matthew Canning
17:17 23 May 19
Streetfront Lawyers.
Alan Alyyan
Alan Alyyan
19:14 21 Jan 19
Professional Solicitors that you can depend on!
Vanja Jovanovic
Vanja Jovanovic
07:49 06 Jul 18
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Bonnie B
Bonnie B
07:52 14 Jun 18
Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
declan mcgrath
declan mcgrath
07:36 12 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
Phyllis Dalton
Phyllis Dalton
16:33 31 May 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
Andrew Penrose
Andrew Penrose
23:57 24 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Paul Moran
Paul Moran
17:52 25 Feb 18
Professional but very friendly and courteous.
jingjing xu
jingjing xu
16:11 15 Jun 15
I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
David McGowan
David McGowan
16:43 14 May 15
I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
Terry Palmer
Terry Palmer
15:24 23 Apr 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
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