Our Family Law Services Include:

• Applications for Judicial Separation
• Applications for Divorce
• Applications for Nullity
• Co-habitation agreement drafting
• Guardianship, Custody and Access cases
  
  At Farrell Solicitors we understand that marital breakdown is a traumatic life event. Our aim is to guide you through the process with an aim to achieving the best possible outcome for you with the minimum amount of stress.
  
  We provide the following services:
• Applications for Judicial Separation
• Applications for Divorce
• Applications for Nullity
• Co-habitation agreement drafting
• Guardianship, Custody and Access cases
• Asset Investigation
• We retain the services of Forensic Accountants and where needs be, Detectives to ensure full disclosure of assets.
  

Options following Marital Breakdown.
When a marriage first breaks up, many couples informally separate and live apart. Marital breakdown affects all areas of a person's life, and most people go on to regulate matters between them in a legal context.

There are three different ways of doing this in Ireland:
• Separation Agreement
• Judicial Separation
• Divorce

A Separation Agreement is reached through agreement between the parties, whereas a court grants a Judicial Separation or a Divorce. Of these, only a decree of Divorce dissolves the marriage and allows each party to remarry.
In specific circumstances, a court can grant a Nullity Decree. The effect of a Nullity Decree is that the court determines that no marriage ever existed. The law in relation to nullity is complex, and you should always seek legal advice to assess whether the circumstances exist for a nullity application. A Roman Catholic church annulment has no legal effect.

Separation Agreement
If a married couple in Ireland can agree the terms on which they will live separately, they may enter into a Separation Agreement. The essence of a Separation Agreement is that it is an agreement. Both parties must consent to the terms of the agreement. The main issues dealt with in a Separation Agreement are as follows:

• An agreement to live apart
• Agreed arrangements in relation to custody and access to children
• The occupation and ownership of the family home and any other property
• Maintenance and any lump sum payments
• Indemnity from the debts of the other spouse
• Taxation
• Succession Rights.
  

The agreement is a legally binding contract setting out each party's rights and obligations to the other. The terms of the agreement are reached either through mediation or negotiation through solicitors. Unlike mediation where there is one mediator who sees the couple together, each party must have their own solicitor to ensure that they receive independent legal advice.
The actual document drawn up and signed by both parties is often called a "Deed of Separation". When the agreement is signed, it can be made into a rule of court by application to the court. This ensures that all the terms agreed upon regarding the children can be legally enforced where covered by appropriate legislation.

If agreement can be reached reasonably quickly between the parties and a Separation Agreement drawn up, it is cheaper and less stressful than taking a court case. Many couples formalise their separation in this way.

Judicial Separation:
When a couple in Ireland cannot agree the terms by which they will live separately, an application to the courts for a Decree of Judicial Separation can be made by either party. The court must be satisfied that:
• The grounds for the application exist.
• The couple has been advised about counselling and mediation.
• Proper provision has been made for the welfare of any dependants
If it is satisfied, the court will grant a Decree of Judicial Separation. The Decree confirms that the couple is no longer obliged to live together as a married couple. The court may also make orders in relation to custody and access to children, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, etc.

An application for a Judicial Separation is made either in the Circuit Court or the High Court. As in all family law matters, cases are heard in private and the public is not admitted to the courtroom.

Rules
An application for a Judicial Separation must be based on one of the following six grounds:
• One party has committed adultery
• One party has behaved in such a way that it would be unreasonable to expect the other spouse to continue to live with them
• One party has deserted the other for at least one year at the time of the application
• The parties have live apart from one another for one year up to the time of the application and both parties agree to the decree being granted
• The parties have lived apart from one another for at least three years at the time of the application for the decree (whether or not both parties agree to the decree being granted)
• The court considers that a normal marital relationship has not existed between the spouses for at least one year before the date of the application for the decree.
The last is by far the most common ground on which the decree is granted, as neither party has to be shown as being at fault.Divorce:
A Decree of Divorce dissolves a marriage and allows both parties to remarry. Before a court can grant a divorce in Ireland, the following conditions must be met:
• The parties must have been living apart for a period amounting to four out of the previous five years before the application is made.
• There must be no reasonable prospect of reconciliation.
• Proper arrangements must have been made or will be made for the spouse and any dependent members of the family such as the children of either party and other relatives.

If these conditions are met, either party to a marriage may apply to court for a Decree of Divorce. If it is satisfied that the grounds are met, the court will grant the Decree of Divorce dissolving the marriage. When it grants the Decree of Divorce, the court may also make orders in relation to custody of children and access to them, the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights etc.

The fact that the parties must have been living separate lives for four out of the five years before an application for a divorce is made means that many separating couples obtain a Separation Agreement or a Judicial Separation to regulate matters between them before they seek a divorce.

In any application for a Decree of Divorce, the court can review any previous arrangements made by the parties such as a Separation Agreement, particularly if the circumstances of either party has changed.

When a Decree of Divorce is granted, it cannot be reversed. However either party may apply to the court for a review of matters such as maintenance or access.

Dublin City Centre. 28 North Great Georges St. Dublin 1
Tel : 353-1-8745608 . Fax : 353-1-8897868
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