Divorce Solicitors Dublin

Blanchardstown, Castleknock, 27 Mount Street Upper, Dublin City Centre

Divorce Solicitors Dublin City Centre

Recently our Divorce Solicitors at Carmody Moran Solicitors discovered new changes in divorce law. Only a Court in Ireland can grant a decree of divorce which in effect dissolves a marriage and leaves both parties free to remarry. Since December 2019, the time frame to be fulfilled to obtain a divorce decree has been reduced. Now a couple must have been living apart from one another for a minimum of 2 out of the previous 3 years before the divorce application is made. (previously this was a 4 year period out of the last 5 years so this is now a significant change in Irish Law.)

The Court also has the ability to make a wide range of Orders including Orders relating to:

A court can only grant a divorce, providing the following conditions are met:

  • The Family Law Act 2019 defines ‘living apart’ (see ‘Living apart’ below).
  • At least one of the spouses must be domiciled in Ireland when the application is made or, have lived in Ireland for at least the 1 year period before the application is made.
  • There must be no reasonable prospect of reconciliation, and your Solicitor will discuss this with you and other means of separating by agreement rather than by Court alone.
  • Proper arrangements must be in place for spouses and any dependents including children or other relatives.
Separation and Divorce Guide Dublin Ireland

Separation and Divorce Guide

What does “living apart” mean in Family Law proceedings?

The Family Law Act 2019 defines ‘living apart’ to give absolute certainty to the interpretation of this term in the Irish courts. It makes it clear that spouses who live in the same home as one another are considered to be living apart if the spouses are not living together as a couple in an intimate and committed relationship. The Family Law Act 2019 says that a relationship does not cease to be an intimate relationship simply because the relationship is no longer sexual in nature.

Do you always have to go to Court to get a Divorce?

The short answer to this is yes, however, any matters in dispute do not have to be determined by a Judge if you can reach an agreement between yourselves and the Court is satisfied to approve those agreements and arrangements that you propose as part of the Divorce.

There are various means of reaching an agreement when looking to get a Divorce.

One option is to resolve matters by means of a negotiated memorandum of understanding agreed between you with the assistance of a mediator. This would lead to the resolution of all matters pertaining to issues such as property, maintenance, and succession rights which is then used to apply for a Court Order on a consent basis.

You can attend mediation with a qualified mediator and you can continue to do so while seeking legal advice from divorce lawyers in between these sessions. The mediator will meet with you and your spouse for a number of meetings and discuss proposals for a resolution of matters. You should not sign the memorandum of understanding or any document without first obtaining legal advice. This Agreement is then not binding until it is drawn up legally into an Agreement and signed by you both. The Consent Agreement can then be used as the basis of the Divorce application and the application can proceed on a consent basis.

Alternatively through correspondence or meetings with your spouse’s legal advisors negotiations towards an Agreement can be concluded between legal advisors. This is quite common and frequently works very well. Both parties must make full disclosure of their financial circumstances before entering into any negotiations or agreeing with any terms of an Agreement. An early settlement meeting in such matters can greatly reduce the legal costs of obtaining a Divorce and enable you to obtain an affordable Divorce while having your interests fully legally represented.

Another option is to conduct negotiations through a collaborative law approach where negotiations take place through a series of “four-way” settlement meetings, which both your spouse and divorce lawyers attend. If either party decides later to proceed to Court then the collaborative process ends and both collaborative divorce lawyers are disqualified from the process and can no longer act in the Court proceedings.

Our estimated fee for a Divorce by Agreement achieved through negotiations varies upon the work required to secure that Agreement. An application would then have to be issued in Court to obtain the Order for Divorce. Alternatively matters if agreed can be finalised into a Separation Agreement while you wait to reach the time threshold to obtain a Divorce.

The vast majority of divorce cases settle before going to Court, and settlement is always preferable if a fair agreement can be reached. This will greatly save you on your legal costs of getting a Divorce.

Do you need Divorce Solicitors in Dublin to get a Divorce?

Absolutely not, but legal advice is recommended:

  • To assess if what you are being offered is fair
  • To ensure that all matters are addressed. All too frequently we have come across ‘DIY’ separations and divorces that have to be re-opened because crucial matters such as pensions, property, or succession rights were not dealt with leaving problems to be resolved.
  • Complex financial assets, family businesses, bank arrangements, and property portfolios will in general require family law advice with commercial and property legal advice.

At Carmody Moran, Divorce Solicitors Dublin, you will always be represented by a Solicitor with expert family law experience. We understand that this is one of the biggest financial and personal transactions that you will go through and that expert family law advice is crucial. We firmly believe that good endings make for good beginnings and that sensitive and expert legal advice will guide you forward to this new stage in your life.

Is my foreign divorce valid in Ireland?

Divorces granted in most EU countries are generally automatically recognised in Ireland without the need for a court application. However, if there is a dispute, an application can be required to the Court to have the divorce recognised or not recognised in Ireland.

Whether the divorce will be recognised in Irish law, or not, will depend upon various matters including:

  • Where the divorce order was granted
  • When the divorce was granted
  • Where either of the spouses lived at that time, for how long and whether or not that country was their normal residence, and whether they intended to stay there long term.

Will Brexit affect my Irish Divorce?

On 31 January 2020 at 11 pm the UK exited the EU. From that date, the UK is no longer a member of the EU and is considered a third country that is not in the EU. However, during the agreed transition period (at the time of writing this is until 31 December 2020), British citizens and their families have the same right to live, work, claim benefits, and access healthcare in the EU as they had before. A further change in this area can be anticipated.

Who pays the legal costs of a Divorce in Family Law Matters?

In family law matters, it is generally ordered that each party to the proceedings bears their own costs. This is approach is generally taken by Judges so that one side is not ordered to bear all of the legal costs so as to allow the parties to the family dispute to hopefully move forward and not have the Court outcome add to ill feelings into the future by feeling punished by the outcome of the case.

However, the conduct of the litigation may influence a Court in deciding whether or not to make an order for costs for or against either party. This will include any delay or obstruction by either party to the proceedings in complying with any reasonable request by the other side or delay in complying with any court order. This includes not complying with a reasonable request for discovery and also includes either party making an unreasonable request of the other party including seeking excessive discovery. That said however it is unusual for the family law Courts to make awards of costs and you should budget for legal costs personally.

Legal Costs for Divorce Solicitors Dublin

If all assets, income, and liabilities can be clearly identified and valued, there is no reason why parties entitlements cannot be identified and endeavours made to resolve matters by agreement without the necessity of a court-contested battle. This will make Divorce legal costs much more affordable and will reduce the legal costs of obtaining a Divorce.

At Carmody Moran, Divorce Solicitors Dublin, we will advise you if we believe your case can be resolved by agreement which is much more time and resource-efficient, we believe ethically this is our duty to you as our client.

For instance, lengthy and/or accusatory correspondence with the solicitor for the other side will very likely lead to increased costs and furthermore that it may well inflame the situation, prompting, in turn, an aggressive response that may lead to further protracted correspondence/litigation between the parties resulting in increased legal costs. We do not believe in antagonising already tense situations in family law matters and our approach at all times will be to resolve matters as amicably as possible this ethos and ethical practice underpins our work in all family law matters.

When it comes to Divorce legal costs, we will endeavour at all stages to conduct your case in the most cost-efficient manner possible and we will for instance advise you when there are tasks that you could undertake yourself to avoid you incurring unnecessary or additional legal costs. We will discuss options with you following an initial review of your case and what we believe is the best way forward for you to resolve issues and give you an estimate of the costs involved.

Generally in family law matters, we operate legal fees and payments on account by installments legal fees. This way you are not left with a large unknown bill at the conclusion of the matter. The final fees estimated to conclude the matter will be estimated in advance of the final Court application date and must be discharged before that hearing date unless some other agreement is entered into formally with regard to legal costs. This is because we may have obligations to others that must also be discharged at the conclusion of your case, such as Counsel.

To assist your cost management you should note that costs will be kept to a minimum if you carry out actions and prepare the work, which will be necessitated and requested during your case, in an efficient and timely manner and we will advise you of such matters in a step by step manner so as to make the process as easy and stress-free as can be possible in such matters.

At Carmody Moran, Divorce Solicitors Dublin, we do not shy away from being direct about all the difficult matters that will arise in a family law dispute and this includes being direct with you about legal fees and ensuring that you do not experience any “hidden” charges or surprises. Family law proceedings are tough matters to deal with and hit the family purse as what was once one home or ‘pot’ must now accommodate two persons living apart and we understand this is an additional pressure that must be addressed.

For further information please feel free to telephone our office in 27 Mount Street Upper at 01 827 2888 or use the quick enquiry form here to find out more information on Divorce Solicitors Dublin.

Frequently Asked Questions of our Family Law Divorce Solicitors in Dublin, Ireland

What does “living apart” mean in Family Law proceedings?

The Family Law Act 2019 defines ‘living apart’ to give absolute certainty to the interpretation of this term in the Irish courts. It makes it clear that spouses who live in the same home as one another are considered to be living apart if the spouses are not living together as a couple in an intimate and committed relationship. The Family Law Act 2019 says that a relationship does not cease to be an intimate relationship simply because the relationship is no longer sexual in nature.

Do you always have to go to Court to get a Divorce?

The short answer to this is yes, however, any matters in dispute do not have to be determined by a Judge if you can reach an agreement between yourselves and the Court is satisfied to approve those agreements and arrangements that you propose as part of the Divorce.

There are various means of reaching an agreement when looking to get a Divorce.

One option is to resolve matters by means of a negotiated memorandum of understanding agreed between you with the assistance of a mediator. This would lead to the resolution of all matters pertaining to issues such as property, maintenance, and succession rights which is then used to apply for a Court Order on a consent basis.

You can attend mediation with a qualified mediator and you can continue to do so while seeking legal advice from divorce lawyers in between these sessions. The mediator will meet with you and your spouse for a number of meetings and discuss proposals towards a resolution of matters. You should not sign the memorandum of understanding or any document without first obtaining legal advice. This Agreement is then not binding until it is drawn up legally into an Agreement and signed by you both. The Consent Agreement can then be used as the basis of the Divorce application and the application can proceed on a consent basis.

Alternatively through correspondence or meetings with your spouse’s legal advisors negotiations towards an Agreement can be concluded between legal advisors. This is quite common and frequently works very well. Both parties must make full disclosure of their financial circumstances before entering into any negotiations or agreeing with any terms of an Agreement. An early settlement meeting in such matters can greatly reduce the legal costs of obtaining a Divorce and enable you to obtain an affordable Divorce while having your interests fully legally represented.

Another option is to conduct negotiations through a collaborative law approach where negotiations take place through a series of “four-way” settlement meetings, which both your spouse and both divorce lawyers attend. If either party decides later to proceed to Court then the collaborative process ends and both collaborative divorce lawyers are disqualified for the process and can no longer act in the Court proceedings.

Our estimated fee for a Divorce by Agreement achieved through negotiations varies upon the work required to secure that Agreement. An application would then have to be issued in Court to obtain the Order for Divorce. Alternatively matters if agreed can be finalised into a Separation Agreement while you wait to reach the time threshold to obtain a Divorce.

The vast majority of divorce cases settle before going to Court, and settlement is always preferable if a fair agreement can be reached. This will greatly save you on your legal costs of getting a Divorce.

Do you need Divorce Solicitors in Dublin to get a Divorce?

Absolutely not, but legal advice is recommended:

  • To assess if what you are being offered is fair
  • To ensure that all matters are addressed. All too frequently we have come across ‘DIY’ separations and divorces that have to be re-opened because crucial matters such as pensions, property, or succession rights were not dealt with leaving problems to be resolved.
  • Complex financial assets, family businesses, bank arrangements, property portfolios will in general require family law advice with commercial and property legal advice.

At Carmody Moran, Divorce Solicitors Dublin, you will always be represented by a Solicitor with expert family law experience. We understand that this is one of the biggest financial and personal transactions that you will go through and that expert family law advice is crucial. We firmly believe that good endings make for good beginnings and that sensitive and expert legal advice will guide you forward to this new stage in your life.

Is my foreign divorce valid in Ireland?

Divorces granted in most EU countries are generally automatically recognised in Ireland without the need for a court application. However, if there is a dispute, an application can be required to the Court to have the divorce recognised or not recognised in Ireland.

Whether the divorce will be recognised in Irish law, or not, will depend upon various matters including:

  • Where the divorce order was granted
  • When the divorce was granted
  • Where either of the spouses lived at that time, for how long and whether or not that country was their normal residence, and whether they intended to stay there long term.
Will Brexit affect my Irish Divorce?

On 31 January 2020 at 11 pm the UK exited the EU. From that date, the UK is no longer a member of the EU and is considered a third country that is not in the EU. However, during the agreed transition period (at the time of writing this is until 31 December 2020), British citizens and their families have the same right to live, work, claim benefits, and access healthcare in the EU as they had before. A further change in this area can be anticipated.

Who pays the legal costs of a Divorce in Family Law Matters?

In family law matters, it is generally ordered that each party to the proceedings bears their own costs. This is approach is generally taken by Judges so that one side is not ordered to bear all of the legal costs so as to allow the parties to the family dispute to hopefully move forward and not have the Court outcome add to ill feelings into the future by feeling punished by the outcome of the case.

However, the conduct of the litigation may influence a Court in deciding whether or not to make an order for costs for or against either party. This will include any delay or obstruction by either party to the proceedings in complying with any reasonable request by the other side or delay in complying with any court order. This includes not complying with a reasonable request for discovery and also includes either party making an unreasonable request of the other party including seeking excessive discovery. That said however it is unusual for the family law Courts to make awards of costs and you should budget for legal costs personally.

Your Expert Divorce Claims Legal Team in Dublin

At Carmody Moran, Divorce Solicitors Dublin, our experienced family law lawyers are on hand to advise and skilled in handling all nature of divorce.

The two partners of Carmody Moran Solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.

Divorce-Solicitor-Dublin-Anthony-Carmody

Anthony Carmody

Partner

Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.

He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.

Divorce-Solicitor-Dublin-Niamh-Moran

Niamh Moran

Partner

Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide-ranging experience across all areas of general practice.

Niamh manages the family lawconveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.

*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.

INDEPENDENT GOOGLE CLIENT REVIEWS

Aileen Power
Aileen Power
16:36 10 Mar 23
Carmody Moran recently helped me with the sale of my home. Niamh, Caila and all the team were fantastic to deal with from start to finish. They explained everything so clearly, were extremely professional, efficient and always responded promptly. On top of that they were just such a friendly group of people to deal with. I would highly recommend them.
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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